Friday, April 24, 2020

COVID-19 Labor Relations Nightmare

Here it comes.  I warned all of thee that the lawsuits end employee grievances were coming.  I had my very first COVID-19 work issue.  I'm sure it's just the tip of the iceberg.  First off, there are so many tentacles to this story that it would take a bottle of wine and six hours to explain.  The short version is that the employee texted his boss on a Sunday night at 9:00 (he was to report to the job at 7:00 AM Monday morning) stating he was not coming in because it was "COVID week."  That was it.  There was nothing else in the text.

COVID week?  WTF does THAT mean?  Does he have it?  Does a family member have it?

Magically, on Sunday night the following week, the employee declared that COVID week was over and wanted to report for duty Monday morning. 

Naturally, the employer was not happy as mine is an industry that has things planned 3-4 weeks in advance.  The employer took the position of job abandonment and wanted to fire him.  Of course, the employee took a different sta

Hold on a minute......the employee texted the employer stating "COVID week."  That was all the employer had to go on.  The employer had NO idea if the guy was infected himself, or if he was directly exposed, or whatever the story may be.  The employer told him to stay home for 14 days self-quarantine.

That did not go over will with Employee, as he wanted to come back to work Monday after having the previous week off.

This is where I step in.  I reminded Employee that he texted his boss late Sunday evening prior to his scheduled shift Monday stating "COVID week."  That was it.  If it turned that Employee did have the virus, it's possible that it's an OSHA record-able event as then the employer would have to contact the other employees on the job site as now they are possibly at risk.

I smelled bullsh@t from the git-go with this one.  Employee just wanted a week off and used COVID as an excuse.  I used Employee's own words against him.  I said, "You just stated  COVID week at the 11th hour in a vague text the night before your shift.  How did you know it was going to be just for the week?  The medical experts will be astounded to learn that not only can the virus see into the future, but can also tell time by behaving in exact 'one week' increments.  Please, share your miraculous medical discovery with the scientists of the world."

If you're going to try to bullsh@t me, you better be good at it.  I can smell it a mile away. 

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