Picture this: An employee reports that a recently terminated coworker has been showing up in the company parking lot for several days. Management verbally tells the former employee not to return to the property. A week later, the former employee comes back, confronts employees outside the building, and makes comments that leave several workers genuinely fearful that the situation could turn physical. While no one has been touched and no explicit threat has been made, the encounter creates immediate safety concerns and disruption in the workplace.
Employers have every reason to protect their employees and maintain a safe workplace. But when confronted with a situation like this, what options does an employer have?
Beginning July 15, 2026, Kentucky employers have a new legal tool to address situations like the one described above. House Bill 521 expands Kentucky's criminal trespass law by making it second-degree criminal trespass for an individual to enter or remain in a workplace and engage in threatening behavior after receiving a verbal or written no-trespass notice. The new law intends to help employers respond to escalating situations before they turn into workplace safety incidents.
What Changed?
Under HB 521, an employee may be charged with second-degree criminal trespass if the individual enters or remains in a workplace after receiving a verbal or written no-trespass notice and engages in "threatening behavior."[1] The bill defines threatening behavior as intentional conduct that places another person in reasonable apprehension of imminent physical injury.
While employers have long been able to bar individuals from their property, the bill provides additional protection when a former employee, customer, or other visitor disregards a no-trespass notice and returns to the workplace in a manner that causes employees or others to fear physical harm.
Why Employers Should Pay Attention
Many employers have dealt with difficult situations involving former employees who appear at the workplace and create fear or disruption. In some cases, the conduct may be intimidating and alarming without rising to the level of an assault or other serious criminal offense.
HB 521 helps fill that gap. By incorporating “threatening conduct” occurring in a “workplace” into Kentucky's trespass laws, employers may have a clearer path to involve law enforcement when a former employee or other visitor ignores a no-trespass notice and returns to the workplace in a manner that causes others to fear for their safety.
The law also reinforces an important workplace safety principle: employers should not wait until a situation becomes violent before taking action. A person who has been instructed to stay away from the workplace but returns and acts in a threatening manner may now face criminal consequences sooner than under prior law.
Practical Takeaways
HB 521 presents a good opportunity for Kentucky employers to revisit their workplace violence prevention efforts and ensure their practices are aligned with the new law. In particular, employers should consider whether they have a consistent process for issuing and documenting no-trespass notices when circumstances warrant. Employers may also want to review training for supervisors, managers, human resources personnel, and security staff so they understand when a no-trespass notice may be appropriate and how to respond if an individual disregards that notice and returns to the workplace.
Ultimately, HB 521 is not a cure-all for workplace violence concerns. It does, however, provide employers with another option for addressing threatening behavior before it escalates into something more serious. By reviewing relevant policies, training programs, and response protocols now, employers can be better positioned to leverage the protections offered by the new law while continuing to promote a safe and secure workplace for employees, customers, and visitors. If you have questions about navigating workplace threats or HB 521, Bricker Graydon Wyatt is here to assist.
[1] HB 521 amends various provisions of Kentucky's criminal trespass laws, KRS 511.010 et seq., including the expansion of second-degree criminal trespass to cover threatening conduct occurring in a workplace after notice against trespass has been provided.
