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Message
Legal question RE covid temp checks
Posted on 2/4/21 at 4:33 pm
Posted on 2/4/21 at 4:33 pm
Asking for a friend of course
Your boss directs you to take employees temperature every morning when them come into work. The device the boss gives you does not work*.
You make you boss aware on multiple occasions that the device does not work. You make your bosses boss aware. Nothing is done. You continue to do the pantomime because you’re in fear of losing your job - but you know you aren’t following the guideline to perform a temperature check.
1- are you legally liable if someone dies?
2-is your boss or his boss liable?
3- is your organization/company liable?
4- if the company were to fire you for refusing to take part in the ruse, do you have any recourse? (In-b4 crossing the street to work at Burger King)
What says the OT? Thanks in advance.
* this is not a case of the general unreliability of these devices or arguing whether or not a temp check is really valid
Your boss directs you to take employees temperature every morning when them come into work. The device the boss gives you does not work*.
You make you boss aware on multiple occasions that the device does not work. You make your bosses boss aware. Nothing is done. You continue to do the pantomime because you’re in fear of losing your job - but you know you aren’t following the guideline to perform a temperature check.
1- are you legally liable if someone dies?
2-is your boss or his boss liable?
3- is your organization/company liable?
4- if the company were to fire you for refusing to take part in the ruse, do you have any recourse? (In-b4 crossing the street to work at Burger King)
What says the OT? Thanks in advance.
* this is not a case of the general unreliability of these devices or arguing whether or not a temp check is really valid
Posted on 2/4/21 at 4:35 pm to lsusa
I think you’d be justified in sticking your finger in their assholes to do a rectal check of the temperatures.
You can almost argue you’d be negligent and possibly responsible for not sticking your finger in their arse if you know your gadget isn’t working.
You can almost argue you’d be negligent and possibly responsible for not sticking your finger in their arse if you know your gadget isn’t working.
This post was edited on 2/4/21 at 4:36 pm
Posted on 2/4/21 at 4:35 pm to lsusa
quote:
1- are you legally liable if someone dies?
2-is your boss or his boss liable?
3- is your organization/company liable?
No, how would anyone be able to determine that the person who dies, contracted COVID at your place of employment?
ETA: Louisiana is a right to work state, you can be fired for any reason that isn't federally protected.
This post was edited on 2/4/21 at 4:37 pm
Posted on 2/4/21 at 4:35 pm to lsusa
quote:
1- are you legally liable if someone dies?
2-is your boss or his boss liable?
3- is your organization/company liable?
No.
quote:
4- if the company were to fire you for refusing to take part in the ruse, do you have any recourse?
If they are stupid enough to specifically fire you for that, then they deserve to be sued.
Posted on 2/4/21 at 4:36 pm to lsusa
How are you going to prove beyond a reasonable doubt that the virus was contracted in the office by a coworker?
This post was edited on 2/4/21 at 4:38 pm
Posted on 2/4/21 at 4:36 pm to lsusa
Just go along with the ruse like everyone else. Go buy a thermometer if you’re so worried about accuracy.
Posted on 2/4/21 at 4:37 pm to Epic Cajun
quote:
how would anyone be able to determine that the person who dies, contracted COVID at your place of employment?
I can't even tell you how many times I had to explain this to people. People are stupid.
Posted on 2/4/21 at 4:37 pm to lsusa
You take the thermometer and shove it up your arse
Posted on 2/4/21 at 4:38 pm to lsusa
If there is a temp check sign in have you ever looked at the temps listed? Pretty much everybody in every office has hypothermia.
Posted on 2/4/21 at 4:44 pm to lsusa
There is already precedent.
This post was edited on 2/4/21 at 4:45 pm
Posted on 2/4/21 at 4:47 pm to lsusa
are you classified as an expert in the temperature measuring device?
have you been trained in the operation of the device?
issues back at the company you work for RE improper training
have you been trained in the operation of the device?
issues back at the company you work for RE improper training
Posted on 2/4/21 at 4:53 pm to lsusa
You can't die from covid so you're good.
Posted on 2/4/21 at 4:55 pm to lsusa
Alert your boss of the faulty equipment via email. Document, document, document. If/when the lawsuit comes up your boss will quickly move to the story that he didn't know the equipment was faulty and that you never mentioned it.....unless of course you have the email.
Be prepared to be laid off after sending the email
Be prepared to be laid off after sending the email
Posted on 2/4/21 at 5:02 pm to lsusa
Have you tried turning it off and turning it on again?
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