What Are Employer’s Rights Surrounding COVID-19 Laws and Etiquette?
The pandemic is a global, culture-defying phenomenon that continues to unravel and alter the course of how humanity operates and functions.
No one has escaped the effects of COVID-19, from work to personal and social life. With the arrival of approved vaccines and severe cases lessening in certain areas, some of America’s workforce has been able to return to offices and shared work spaces in one capacity or another.
But what exactly are my rights as an employer in regards to COVID-19 etiquette and vaccinations?
Is my business required to follow all local, state, and federal laws and regulations?
Can my business fire employees who refuse to follow certain rules?
These are the questions this blog aims to explore. If you’re a business owner who is curious about COVID-19 rules, we highly recommend consulting with a local law firm to get specific answers to your questions.
“The pandemic is an ongoing issue all business owners need to be aware of. We know that for many businesses, it’s become especially difficult to adapt to the new measures put in place. But by following local rules and regulations and prioritizing the safety of your staff and customers, you can avoid liability, continue serving your community, and keep revenue coming through the doors. If you have any questions about how to safely run your business during the pandemic, our team at Figueroa Law is happy to answer them in detail for you! ” - Tyler or Jim
Who Makes the Rules? Who Follows Them?
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It’s important for business owners to understand the different entities involved in creating rules, laws, guidelines, and regulations around something like a global pandemic.
Relevant governing entities include federal, state, county, and city governments. These governments are working together and independently to create laws, regulations, and safety guidelines around the pandemic across different industries.
Most of the time, local city and county governments will receive and implement laws from their state governments. Your job as a business owner is to familiarize yourself with and abide by the laws and regulations put forth by your local city and county governments.
If your business operates in multiple counties or states, then you will need to understand and implement each state or county’s laws where you operate business.
Liabilities
As a business owner, if you consciously choose to ignore local laws, regulations, and mandates, such as a social distancing or mask mandate, you could be liable for anyone who gets sick at your business, including third parties.
Some laws put forth in response to the pandemic have created a brutal list of obstacles for small business owners. Many laws have made operation difficult, and in some cases, completely impossible.
Regardless of the inconveniences created by these laws, it’s important that business owners adhere to local laws and take them seriously. Doing so will help you steer clear of accidents, liabilities, and penalties from local governing entities.
Basic Negligence
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What if you’re a business owner who is working hard to run your business while still following local laws and regulations? Do you need to be concerned about what could happen to you or your business should someone get sick while working for you?
In this case, basic negligence principles would apply. If you acted how a reasonable business owner in your field would and you were following the laws, regulations, and mandates put forth by your local and state governments, then legally you would be covered for an accident like this.
The four principles of negligence are: duty, breach, causation, and damages or harm.
Duty
In a negligence claim, the first principle to consider is duty. Was the plaintiff owed a legal duty by the defendant under the circumstances?
For example, a business owner owes her employees protection from COVID-19 by following the rules and regulations put forth by local governing entities. If all rules and regulations are being abided by, then the business owner is not at fault.
Breach
Breach refers to whether the defendant did anything to breach their duty. When determining breach of duty, the court will ask if the defendant acted how a “reasonably prudent person” would given the circumstances.
In our example above, a court would determine if a business owner was actively implementing local rules and regulations, or was failing to do so. If they were failing to properly implement local laws, then they could be in breach of their duty to keep their employees safe on the job.
Causation
Causation, as the name suggests, determines whether the defendant’s negligence actually caused the plaintiff’s injury.
In our example, the court might try to determine if an employee’s sickness actually came from their place of work where rules, such as mask mandates or other local health laws, were not being enforced.
Damages
Determined damages require the court to compensate the plaintiff for their injury, if their injury was deemed to be caused by the defendant.
Other Considerations
We recommend that business owners work with a local law firm to draft up termination procedures and other options for employees who refuse to follow company safety rules.
This could include unpaid leave or other punishments to assure that your business remains a safe, functioning space where work can safely be conducted and employees can be protected.
Thoughtful business owners will want to not only protect and preserve the health of their employees and their business, but also the health of their community. Business owners should take on a moral responsibility to serve those in their care, be them employees or customers.
