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Employees Reticent about Returning to Work?

Posted by James W. Creenan | May 15, 2020 | 0 Comments

Many of the small businesses in our communities have struggled for their survival during the government ordered shutdown.  Now that many business locations may restart modified operations, we anticipate further tension resulting from lack of clear rules associated with the closure orders.

First, we recognize the near impossibility of reconciling the daily changes to the government's rules.  We get it - the rules change daily because the rule makers have not considered the practical realities of operating and managing a business.  

Here are a few common questions facing the business community:

Can my employees refuse to report to work?

Many employees may be uncomfortable emerging from their homes and re-entering the workplace.  While no two workplaces are the same, we remind employers that their employees cannot simply choose to report to work without risking their job.  Before terminating an employee, always seek legal counsel to guide your process. 

Can my employee refuse to work until there is a vaccine?

No.  A healthy employee can be terminated for refusing to appear for work.

https://www.uc.pa.gov/Documents/Keep%20Yourself%20Safe%20at%20Work_COVID19_4.2.20.pdf

For a colorful description of these options, go to the PA UC website:

https://www.uc.pa.gov/COVID-19/PublishingImages/Pages/default/4_27_20%20Expanded%20Scenario%20Infographic.jpg

About the Author

James W. Creenan

Attorney

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