Back to work problems —

by John P. Flannery

On back to work troubles — I’ve spent some time on these workplace issues over the years. But here’s a glimpse at some of the issues we need to be watching in those states that are “re-opening”:

1. EEOC cautions against requiring tests of workers when returning to work — aside from the fact that the medical resources to do that, to test, is limited anyhow.

2. OSHA asks is the workplace one of “imminent danger.” Hmmm. If it is, can an employer insist a person work in those conditions?

3. Can a worker refuse to work out of fear? What if they are in their 60s? What if they have a medical precondition that favors the virus. Traditionally, employers might say no show/no job. Virginia is an at will state. At the employer’s will. So employers might let a worker go absent a state stay at home directive. Better decision is to respect those who need to stay home. To invoke sick leave. But some will say you can’t. Or they won’t.

4. What about whistle blowers tattling on working conditions? Are they protected from reprisal?

This is just a sampler. Just sayin’.

JPF