Protect Your Business From COVID-19 Employee Lawsuits

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The coronavirus has negatively affected just about every aspect of our lives at this point, and the workplace is no exception.

With the heightened stress and uncertainty everyone is experiencing, employee-instigated lawsuits are on the rise.

Here are some of the most common claims and how to avoid them.

Wrongful discharge and retaliation (40% of claims)

This most often relates to worries employees have about raising COVID-related safety concerns.  Make sure you thoroughly train your managers; employees have the legal right to raise any safety concerns. Whistleblowers are protected under the law.

Workplace Safety (23% of claims)

Claims related to uncleanliness, inadequate distancing, or not providing PPE caused COVID sickness and sometimes death. Assess your current cleaning and sanitation routines against the latest guidance from the CDC, and make any necessary changes. Consider how to reinforce frequent, proper handwashing and sneezing best practices among employees. Staggered shifts, physical barriers, and altered layouts are all ways you can enhance social distancing in the workplace; put some thought into what works best for your space. Finally, if your business is subject to the OSHA general requirements for PPE use, adhere to these guidelines at all times.

Discrimination and Harassment (15% of claims)

If you lay off or do not hire vulnerable or older employees, or employees with preexisting conditions, with the intention of protecting them from the virus, you may violate anti-discrimination laws.

FMLA and New and Changing Leave Laws (12% of claims)

Workers are saying they were denied leave rights or retaliated against for taking leave. If you have adjusted policies on leave, remote work, or flexible schedules make sure this is communicated to all employees. Also, ensure that your managers are receiving guidance on leave-taking. Keep informed of local, state, and federal changes to leave laws during this time.

Wage and Hours (6% of claims)

Rising out of the pandemic’s impact on business operations. The huge increase in remote work is leading to suits claiming lack of payment for overtime and health screening time, and off-the-clock work. Adopt systems to ensure employees are accurately logging hours and breaks; timekeeping software is a great solution. Update your policies on breaks, overtime, and meal periods and distribute to employees.

What you can do

Work on the basis that every decision you make and document you produce in relation to COVID-19 workplace safety will be investigated during litigation. Whatever the claim relates to, employers will need to prove good-faith efforts were made to protect employees and comply with the law.

Consider appointing a “COVID-19 Officer” whose job it is to create a record; documentation, policies, photographs, memos, and communications - an organized file of everything you need to prove compliance.

The CDC has provided guidance on workplace COVID-19 compliance, as has OSHA. Ensuring these steps are implemented in your business will not only protect you from coronavirus-related employee litigation, but will keep you, your employees, and your customers safe.