How Not To Test The Crisis Management Skills Of Your Employees

Many businesses train their employees how to respond in emergency situations, such as an earthquake, power outage, terrorist attack or robbery. There are ways to train your employees and then there are ways you probably do not want the training to be delivered, unless you want to expose the company to tort claims by your employees.

The recent case of Lee v. West Kern Water Dist. (CA5 F070772, filed 10/24/16, pub. ord. 11/15/16) exemplifies how to get crisis training completely wrong. Plaintiff Kathy Lee, an employee of defendant West Kern Water District (district), sued the district and four co-employees for assault and intentional infliction of emotional distress after the co-employees staged a mock robbery with Lee as the victim as a training exercise. In the mock robbery, one of the district’s managers entered the district’s office in a mask and confronted Lee at the cashier’s window with a note demanding money and conveying he had a gun. Lee, who had not been informed of the planned mock robbery, handed over the money and subsequently was treated for psychiatric injury. The jury awarded her $360,000.

The Court, on Motion by the Water District, ordered a new trial because it believed the jury had been erroneously instructed on the exclusivity of worker’s compensation and Lee appealed. The Appellate Court reversed the order and reinstated the award and ordered the Water District to pay Lee’s costs on appeal. The Appellate Court and jury found the Water District’s mock robbery fell within the assault exception to worker’s compensation. Thus, the employer was liable in tort (as well as in worker’s compensation) for the injuries sustained by Lee.

The takeaway – if your Company wants to test employee crisis readiness stick to training and prior notice of the intent to run any simulations. Don’t try to rob yourself or you just might be successful.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.