Are Post-Pandemic Workplace Lawsuits A Primary Concern for Business Owners?
The slow re-opening of the country has come as a relief to many of us. Announcements that the country is opening back up, quarantines are being lifted, and people can slowly return to work have provided millions with a sense of normalcy. The COVID-19 pandemic skyrocketed unemployment rates as businesses shut down across the country, but while the slow return to normal life may seem welcome to so many people, it does not come without concern.
This is especially true in light of the recent spikes in southern states that have reopened. As many of them are no facing new shutdowns just in time for the Fourth of July, the lack of consistent guidance has heightened the fears of many.
Guidelines for those re-opening their businesses have not been consistent or clear, making it difficult for business owners to decide how or when to bring their employees back into the workplace. It is a tough call to make, as many people are struggling with the balance of how to keep their businesses open and profitable whilst still protecting their customers and employees from potential health issues. Risking prospective lawsuits is not worth it for most people, as the costs of damages could be enough to send already struggling businesses over the edge.
There is not a rulebook on how we return to a “normal” post-pandemic life, and since the virus has proven to be so unpredictable, everyone is trying their best to simply roll with the punches. We may not have much of a say in how we react to this evolving situation, because we do not know what is coming. Having no rules to play by is difficult if you are a business owner. On the one hand, there is the need and desire to re-open and get back into the swing of things, but on the other hand, diving in headfirst without taking effective and extensive precautions could be a formula for potential disaster inviting lawsuits waiting to happen.
President Donald Trump suggested shielding businesses from lawsuits in an attempt to protect them from the high probability of being subject to workplace litigation. There has been talk of leaders starting with liability protections for doctors and businesses, with most proposals focusing on limiting liability from customers. There have already been a number of lawsuits filed, including refund disputes for large entertainment and sporting companies, as well as litigation over insurance coverage issues for restaurants and the non-payment of rent during a state mandated shutdown.
For small businesses, the risks are even higher, as one big workplace lawsuit could be enough to send them under for good. So, while business owners may be desperate to return to normal (whatever that normal may be), it is advisable to hold off and take things slowly. Putting proper precautions into place and re-opening at a slow pace could be a much smarter way to get things up and running again in the long run. It is more important now than ever to provide adequate protection for both employees and customers.
Furthermore, small business owners are being put in a worsening predicament as they have to decide whether or not to require their employees to return to work or present it to them as optional. Even worse, what do they do with employees who opt not to return? There is the potential of wrongful termination suits in cases where those who choose not to come back to work are fired. This is only compounded if the reasons are health related.
But while small businesses need to watch their backs, large companies are currently facing the brunt of workplace lawsuits. Walmart has been sued by the family of a worker who passed away from COVID-19-related complications. Employees of a McDonald’s in Chicago filed a lawsuit claiming a lack of safety measures put into place to protect them from contracting the virus. CEO of Amazon Jeff Bezos has also come under fire, as the death of several Amazon employees could lead to major lawsuits. Lawyers everywhere are predicting a huge influx of such cases, especially with quarantine lifting across the nation.
The general consensus is that there needs to be some more stringent guidance from leadership telling people what to do and how to handle reopening. It is simply too stressful, and there is too much at stake, to expect businesses to make these types of decisions for themselves. Workers are being asked to come back to a workplace environment, and oftentimes they are returning somewhere unsafe or with very few regulations. For business owners, the rift between needing to keep themselves and their companies afloat whilst steering clear of potential workplace lawsuits is a tough line to walk without the intervention of political leadership.
If you are going to require the use of masks, generally considered to be essential in tamping down the spread of the virus, they need to be worn correctly, over the mouth and nose. If you fail to enforce that, you open yourself to liability. Many choose to make the mandatory “wear a mask, not wear a mask” debate a personal choice and an infringement on their civil liberties.
This can get you sued. In the meantime, national guidance would be a welcome addition to the debate.
If you are wondering how COVID-19 is going to affect your real estate, let our team help you out. For legal guidance with staying compliant, get in touch with Lee Scott Perres, P.C.
