Violence in the Workplace Law Summaries

Violence in the Workplace Law Summaries

Michigan, Violence in the Workplace Law Summaries

Michigan has laws relating to stalking, carrying concealed weapons and use of deadly force.

DEFINITIONS

“Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the victim to cause a reasonable individual to suffer emotional distress.

“Course of conduct” means a pattern of conduct composed of a series of two or more separate noncontinuous acts, evidencing a continuity of purpose.

“Emotional distress” means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling.

“Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable individual to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

“Unconsented contact” means any contact with another individual that is initiated or continued without that individual's consent, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

1. Following or appearing within the sight of that individual;

2. Approaching or confronting that individual in a public place or on private property;

3. Appearing at the workplace or residence of that individual;

4. Entering onto or remaining on property owned, leased, or occupied by that individual;

5. Contacting that individual by telephone;

6. Sending mail or electronic communications to that individual; or

7. Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

WHAT THE EMPLOYER MUST DO

Stalking laws.- Stalking means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the victim to cause a reasonable individual to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

Unconsented contact includes, but is not limited to:

1. Following or appearing within the sight of that individual;

2. Approaching or confronting that individual in a public place or on private property;

3. Appearing at the workplace or residence of that individual;

4. Entering onto or remaining on property owned, leased or occupied by that individual;

5. Contacting that individual by telephone;

6. Sending mail or electronic communications to that individual; or

7. Placing an object on, or delivering an object to, property owned, leased or occupied by that individual.

Carrying concealed weapons.- It is unlawful to purchase, carry or transport a pistol in Michigan without first obtaining a license for the pistol. In addition, a person may not carry a concealed dangerous weapon (other than a hunting knife) or have a dangerous weapon (concealed or otherwise) in a vehicle, except in the person's home, place of business or other land possessed by the person. Carrying a concealed pistol on or about one's person or (concealed or otherwise) in a vehicle operated or occupied by the person without a license, except in one's home, place of business or on land one possesses is unlawful (Mich CompLaws, Sec. 28.424). The prohibitions against carrying weapons without a license apply to private individuals, not to law enforcement or military personnel (Mich CompLaws, Sec. 28.428). A pistol may be carried in the trunk or passenger compartment of a vehicle without a trunk if it is unloaded and in a wrapper or container (Mich CompLaws, Sec. 28.428(1)). It is unlawful to have a firearm in one's possession or under one's control while under the influence of intoxicating liquor or drugs (Mich CompLaws, Sec. 28.434).

Use of deadly force.- Except as otherwise provided below, it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under Sec. 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply (P.A. 311 (S. 1046), L. 2005, enacted July 18, 2006):

1. The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will.

2. The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in item (1) just above.

The presumption set forth just above does not apply if any of the following circumstances exist (P.A. 311 (S. 1046), L. 2005, enacted July 18, 2006):

1. The individual against whom deadly force or force other than deadly force is used, including an owner, lessee, or titleholder, has the legal right to be in the dwelling, business premises, or vehicle and there is not an injunction for protection from domestic violence or a written pretrial supervision order, a probation order, or a parole order of no contact against that person.

2. The individual removed or being removed from the dwelling, business premises, or occupied vehicle is a child or grandchild of, or is otherwise in the lawful custody of or under the lawful guardianship of, the individual against whom deadly force or force other than deadly force is used.

3. The individual who uses deadly force or force other than deadly force is engaged in the commission of a crime or is using the dwelling, business premises, or occupied vehicle to further the commission of a crime.

4. The individual against whom deadly force or force other than deadly force is used is a peace officer who has entered or is attempting to enter a dwelling, business premises, or vehicle in the performance of his or her official duties in accordance with applicable law.

5. The individual against whom deadly force or force other than deadly force is used is the spouse or former spouse of the individual using deadly force or force other than deadly force, an individual with whom the individual using deadly force or other than deadly force has or had a dating relationship, an individual with whom the individual using deadly force or other than deadly force has had a child in common, or a resident or former resident of his or her household, and the individual using deadly force or other than deadly force has a prior history of domestic violence as the aggressor.

<p>The presumption set forth just above does not apply if any of the following circumstances exist (P.A. 311 (S. 1046), L. 2005, enacted July 18, 2006):</p>

Michigan, Violence in the Workplace Law Summaries

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