Posted on May 19th, 2020
Find below a complete transcript of this video.
What’s up, fellow entrepreneurs? It’s John Fagerholm again.
And today I want to talk about the future, but before we get into that, remember that this channel is for general information only, so make sure to seek legal advice for your personal situation.
Now then, everyone is saying that we are in unprecedented times, but you only need to look back to the 1930s, and you can see what it would look like if the shutdown causes a depression.
I don’t think that will happen, and there are already reports of protests around the country as business owners want to reopen what’s been deemed non-essential business, and workers are protesting because they want to get back to work.
So assuming things will be getting back to normal soon, the plaintiff’s lawyers are already looking for new lawsuits to file. I think most at risk are likely to be those businesses that were deemed essential and have been operating under the strict measures that all levels of government have been requiring.
Of course, I don’t have a crystal ball, but I’m guessing that there’s going to be a huge uptick in lawsuits against businesses with claims that they did not strictly adhere to the various COVID-19 workplace guidelines.
So according to OSHA, there have already been more than 3000 complaints filed with their department for lack of precautions, including masks and other equipment shortages, distancing violations, and working with coworkers who were later diagnosed with COVID-19.
Besides the myriad of problems that come with an OSHA complaint, I think there’s going to be a very noticeable increase in workers’ comp claims and potentially tort claims.
But I think the big winner for the plaintiff’s bar is going to be wrongful termination and retaliation claims.
So it’s already very easy for an employee that was otherwise terminated for a legal reason to claim that they were terminated for an improper reason such as discrimination or retaliation.
Now, with all of the additional requirements simply terminating, terminating an employee for cause could turn into a lawsuit with the employee claiming that they were terminated for complaining about the work conditions under the COVID-19 guidelines.
It may sound farfetched to those of you that have not already faced one of these claims, but it’s real. Usually, the claim would be based on retaliation for complaining about the law requires such as breaks or overtime.
However, if an employer is strictly complying with the law, it’s very difficult to maintain such a claim for breaks or overtime, because typically there’s some sort of documentation around it.
Now with all of the additional requirements under the pandemic, and the difficulties of implementing these new systems and getting employees to strictly abide by them, any employee can claim they complained and were subsequently fired, and it would be difficult to defend otherwise.
I think this is going to be an easy windfall for plaintiff’s attorneys. Again, since I don’t have a crystal ball, I can only say follow the guidelines issued by OSHA and the CDC to the letter.
Take every complaint from an employee seriously, and document everything. Adhering to the guidelines and being able to prove that you have done so maybe the only thing that will save you from these claims.
So until next time, be productive and I will see you on this other side. Have a good one.
