Adelanto Elementary School District v. Krause

California Court of Appeal, Fourth District · 2026 · Published opinion

Summary for general education only—not legal advice. This is not a Workplace Rights Advocacy case result. See Case Results for the firm’s own verdicts and settlements.

A published California Court of Appeal decision about workplace violence restraining orders (WVROs) under Code of Civil Procedure § 527.8. Adelanto Elementary School District sought a WVRO to protect three executive assistants from its former superintendent, Michael Krause, after he was later elected to the school board. The trial court issued a four-year order. Krause argued a separation agreement releasing claims against him barred the petition.

The Court of Appeal affirmed as modified. As a matter of first impression, an employer’s right to seek a WVRO on behalf of its employees is unwaivable—like core FEHA rights— because the statute serves a public interest in workplaces free from violence, threats, and harassment. A release in a separation agreement therefore could not strip the district of that tool. The court also held that, under the expanded 2025 statute, the “future harm” showing can be met by a reasonable probability of continued harassment, not only future violence. It upheld the order on that record, but vacated an overbroad provision that banned Krause from commenting on the WVRO at board meetings in violation of the First Amendment.

In plain English: California law treats protecting workers from workplace harassment and violence as a public safety interest, not a private perk an employer can sign away. Even after someone leaves (or lands back in a position of power), employers may still ask courts for restraining-order protection when the evidence supports a real risk of continued harassment. Workers should know that settlements and separation papers do not erase that protective pathway.

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