Employee Rights and Firing Decisions During Pandemic-era Capacity Orders

During the ongoing pandemic, capacity orders in states such as Wisconsin are designed to be short-term and flexible. However, the decision to fire an employee who expresses concerns about safety violations can have significant ramifications. This article explores the legality of such actions and the broader implications for business and employee well-being.

Legal Considerations

Short-term Nature of Capacity Orders: Capacity orders are often intended to be less than 60 days if everyone adheres to them. However, the decision to terminate an employee for not trusting the current safety measures can create more problems than solutions.

Implications for Business: Firing an employee for being overly cautious about complying with safety measures can lead to a workforce that is unprepared to handle the required tasks when capacity orders are lifted. This can result in a shortfall of competent employees and a decrease in customer loyalty as more and more employees leave due to safety concerns.

Customer vs. Employee Rights

Allowing Customers to Own Rules: Some business owners allow customers to dictate the rules, which is not a sound management strategy. Instead, it is advisable for business owners to be firm and set clear expectations. They can tell customers to wait, return another time, call ahead, get takeout, or leave if they cannot comply with safety measures. This stance not only protects the well-being of the employees but also sets an example for all customers and potential employees.

Employee Safety and Business Success: By prioritizing the safety of employees, businesses can maintain a steady workforce and a positive customer experience. This approach ensures that the essential aspects of the business, such as production and service, are not hindered. When employees feel safe returning to work, the overall success rate of the business is likely to increase.

Legal Protections for Refusing Illegal Actions

Illegal Acts and Reporting: In general, it is illegal to fire an employee for refusing to carry out an illegal act or reporting an illegal act to the appropriate authorities. Employers who try to justify such firings on other grounds may have a difficult time defending their actions in front of labor commissions or legal bodies.

State Regulations: The power to enact such regulations during a pandemic is often a matter of state legislative processes or state agency regulations. While it is not explicitly known in all cases, the ability of a state governor to enact such regulations independently may vary.

Controversies Surrounding Safety Concerns

There are significant controversies surrounding the concept of "feeling safe" during the pandemic. With unemployment benefits offering an additional $600 per week, it is understandable that some employees may opt to remain unemployed rather than return to work. This decision can be attributed to the perceived risk and the financial allure of the benefits.

Stupidity vs. Prudence: Requiring employees to return to work during a crisis when they have valid concerns can be seen as a matter of personal choice rather than a legal mandate. In some cases, it might be viewed as sheer stupidity to force employees to choose between their personal safety and a potential financial benefit. However, it is crucial to understand the legality and implications of such decisions.

Conclusion

During these challenging times, it is essential to balance the rights and responsibilities of both employees and employers. Businesses must prioritize the safety of their workforce while also respecting the legal rights of employees. By doing so, they can maintain a stable and productive business environment.