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Lawyers of the OT: liabilities not giving people the option to work from home?

Posted on 3/11/20 at 12:11 pm
Posted by BabyTac
Austin, TX
Member since Jun 2008
12135 posts
Posted on 3/11/20 at 12:11 pm
What realistic liabilities are there for a company to tell employees they can’t ‘work from home’ during this ‘epidemic’.

Would they have to actually contract the virus from the office to have a case?
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41596 posts
Posted on 3/11/20 at 12:12 pm to
I'm not a lawyer and I can tell you that there's zero liability. Are you gonna sue your employer every time you catch a cold at the office? This sounds like a certain segment of the population who always wants to sue their employer for making them go in to work when a few sleet pellets fall from the sky if they get in a wreck on their way.
This post was edited on 3/11/20 at 12:13 pm
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35319 posts
Posted on 3/11/20 at 12:12 pm to
Still fighting with HR, I see.
Posted by Fachie
Magnolia
Member since Mar 2017
449 posts
Posted on 3/11/20 at 12:13 pm to
Quit being a pussy. Go to work and suck it up, or stay home and tell the boss to frick off.
Posted by Displaced
Member since Dec 2011
32711 posts
Posted on 3/11/20 at 12:13 pm to
Can you definitively prove you contracted it at work?
Posted by HoustonGumbeauxGuy
Member since Jul 2011
29506 posts
Posted on 3/11/20 at 12:14 pm to
Operators can’t work from home. That’s 80% of the OT population.
Posted by boosiebadazz
Member since Feb 2008
80228 posts
Posted on 3/11/20 at 12:14 pm to
I would think proving where you caught it would be the biggest obstacle.
Posted by Beessnax
Member since Nov 2015
9145 posts
Posted on 3/11/20 at 12:15 pm to
I think you have the virus and it is affecting your thinking
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 3/11/20 at 12:16 pm to
Zero legal liability
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 3/11/20 at 12:18 pm to
If someone has some sort of respiratory illness, notifies their employer of that condition, can easily work from home given that person’s job, asks to work at home and the employer refuses this accommodation, and later contracts the virus from someone at work, and then dies, I would have to believe that employer has some serious liability issues.
This post was edited on 3/11/20 at 12:53 pm
Posted by Ed Osteen
Member since Oct 2007
57480 posts
Posted on 3/11/20 at 12:18 pm to
You sure do bring a lot of work issues here, do you ever solve anything on your own?
Posted by HoustonGumbeauxGuy
Member since Jul 2011
29506 posts
Posted on 3/11/20 at 12:19 pm to

Posted by fatboydave
Fat boy land
Member since Aug 2004
17979 posts
Posted on 3/11/20 at 12:20 pm to
The womenz are really working the breakroom talk at your office huh. We need to go home or I'll sue
Posted by FearTheFish
Member since Dec 2007
3759 posts
Posted on 3/11/20 at 12:21 pm to
quote:

I would think proving where you caught it would be the biggest obstacle.
Bingo. This isn't like inhaling chemicals at a plant that don't exist in the regular world. It's the functional equivalent of proving where you got the flu.
Posted by Tiger Prawn
Member since Dec 2016
21896 posts
Posted on 3/11/20 at 12:23 pm to
I'm no lawyer but unless the company is still making employees come to work AFTER someone in the office already tested positive then more people got sick, I can't see how the employer would be liable for anything. For most businesses, employees not showing up in person to work means the business is shut down completely.
Posted by Macavity92
Member since Dec 2004
5981 posts
Posted on 3/11/20 at 12:28 pm to
How are you going to prove where you contracted it?
Posted by Weekend Warrior79
Member since Aug 2014
16379 posts
Posted on 3/11/20 at 12:40 pm to
At most they may have some WC claims.
Posted by amm337
Lafayette
Member since Oct 2019
240 posts
Posted on 3/11/20 at 12:43 pm to
Yea, no.
Posted by Athis
Member since Aug 2016
11610 posts
Posted on 3/11/20 at 12:50 pm to
I worked with a guy that would brag that he didn't miss any work for 15 years..The POS would show up sick..so sick I said he looked like Rocky Dennis..He would get everyone else sick...Stay home if you are sick...
Posted by mikie421
continental shelf
Member since Nov 2008
688 posts
Posted on 3/11/20 at 1:22 pm to
You could easily prove you caught the virus at work through contact tracing. Remember, in a civil suit the standard of proof is lower than “beyond a reasonable doubt”
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