Saturday, March 28, 2020

It's about to get UGLY

....and I'm not even referring to my lack of nail and hair care.

My advice to business owners:  Shut down your operations completely or mandate that everybody work from home with no contact with anybody work-related whatsoever, and put that in writing and get the employee's signature (via DocuSign of course).

I can hear the business owners whining now, "But we are an essential business, we HAVE to stay open."

Really?  If business owners want to play with fire by thinking they are "essential" I have something for them to consider.

If business owners close their doors and shut down completely, there is financial help available for loss of income and the delay of paying expenses due to the pandemic.  Sure, it's not going to appear immediately but it's there.  Also, LAY OFF YOUR EMPLOYEES VIA WRITTEN NOTICE AND ADHERE TO FINAL PAYCHECK REQUIREMENTS OF CA LAW.  I know that hurts, but you want to line your legal ducks up in a row.   Written notice of a layoff is not required by CA law, but do it. 

If an ice cream shop owner decides he's running an "essential business" just know that you're subjecting your employees to exposure.  Are you providing protective equipment?  Are you adhering to all the sanitary requirements?  Are you retaliating against employees who don't feel comfortable working?  Are you posting all the new federal requirements that came out just a couple days ago?  My guess is no.  When the inevitable happens, meaning one of your employees comes down with COVID-19 or has direct exposure to it, you are opening up yourself to a lawyer's paradise who will represent your disgruntled employee(s).  Your business insurance, workers' compensation, whatever, will not cover you.  You made the business decision to remain open - despite direct government warnings to close your doors.

Business owners have two choices:  Close your doors and take your financial hit up front; or two, remain open and tie yourself in lawsuits that will exhaust you mentally, physically, financially, and THEN bleed you dry.  Take your pick. 

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