Blog(Dev) - Page 28 of 80 - Sidkoff, Pincus & Green

How Important is Confidentiality in a Sexual Harassment Case?

By anthony, 9th December 2020

When a person is victimized by sexual harassment at work, it can be an awkward and embarrassing situation for them. They might feel uncomfortable at work, but they might also feel scared. They might want to tell someone but are afraid to talk for fear of retaliation. There are options for them to tell their story and maintain their confidentiality. As for those that can be targets of sexual harassment claims in the office, the question of confidentiality can be an important one, especially if the accusation is false or made with ill intentions. A false claim can get out and haunt a person throughout their career.

Is My Case Confidential with a Lawyer?

For those who suffered from sexual harassment at work and found that their employers have not been responsive to their claims, they can turn to an employment lawyer for help in the matter. They can feel confident that their story will remain between them and their legal representative. Lawyers are obligated by client confidentiality, meaning that what is said between the two parties remains between them. This rule allows them to speak freely with a client and gather all the information necessary to properly build a case.

The privilege covers potential clients, as well as if someone meets with a lawyer during an initial consultation, they should feel comfortable sharing their story. Even if after that meeting, the two sides decide not to continue with their professional relationship, the lawyer cannot disclose the details of that conversation with a third party. When a lawyer decides to take on a sexual harassment case, they can file the case without disclosing the victim’s name in the court documents. The identity of the victim might still be known by others related to the case or inferred from co-workers due to circumstances. However, if others attempt to look up the case, the name and other specific details will not be included in the final report.

Confidentiality During an Investigation

When an employee comes forward with a sexual harassment claim, it is a serious accusation that the company must treat as such. Once an accusation is made, a full investigation will be conducted to look into the accusation to verify its validity. The supervisor will either appoint someone to conduct the inquiry or do it themselves. There will be two goals of the investigation. The first is to obtain all the facts about the situation and get to the truth. The second, is to prevent any future problems from taking place again or stopping the ongoing abuse.

During an investigation, the person conducting the investigation must try to maintain the highest level of confidentiality as possible and protect the identities of the alleged victim and accuser. The investigator will have to disclose to the alleged abuser about the accusation and where it comes from and disclose some information to the people that were questioned. However, if the facts of the situation get out before a full and proper investigation, either the alleged accuser or harasser could sue on a few grounds.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Sexual Harassment in the Workplace

If you feel that you have been the subject of sexual harassment at work or you have been falsely accused of harassing someone at your workplace, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will investigate your case and determine the next best steps. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Can My Employer Install Surveillance of Remote Employees?

By anthony, 24th November 2020

One of the more interesting developments from the COVID-19 pandemic has been the transition of employees working from home as opposed to the office. The transition has been so seamless that many companies are considering maintaining the current work format, even after the pandemic ends. There are a few benefits associated with the work-from-home model. Employees get to avoid the grind of commuting to work every day, which also means they have greater flexibility. For the company, they can reduce their overhead costs by not having to pay for office space or any of the other office-related expenses that come with it.

However, the downside for employers is they are not in regular contact with their employees, meaning there is always the fear that an employee is not working or otherwise not being productive. Some companies have figured out a way around this problem by using software that will monitor their employees, even though they are no longer in the office. While employees anticipate a certain level of monitoring when they work in the office on their work computer, it becomes more of an issue when it is done remotely.

Tools that Monitor Working from Home

While the concept of remote working is nothing new, the number of companies that have been utilizing it has grown significantly in the wake of the pandemic. There is technology that helps employers keep an eye on their employees, even if the employee does not know they are under surveillance. Hubstaff recently created a product that employees can download onto their computer that records all their actions. The software tracks a worker’s hours, their keystrokes, and even records the websites that an employee visits. Another company, Sneek, offers software that will take pictures using a laptop computer of the users as frequently as once a minute. The app then uploads the pictures so that everyone can access them.

What are the Legal Concerns with Monitoring Employees?

Whether an employer is monitoring their employee in the office or at home, they still have the same legal obligation to notify the employee the monitoring is taking place. Many employees will sometimes use their personal computers or devices for work. In those instances, the company needs to establish a solid policy about monitoring. They need to inform employees that they will be monitoring them on their personal device and explain what they will be monitoring and why they are doing it. In addition, the company should limit any monitoring to those that have a direct impact on the job and conduct it during certain business hours. In general, when a person connects their personal computer or their personal device to either a corporate network or virtual private network (VPN), companies have the right to ask to monitor their employees.

Using Data to be More Productive

Not all companies are using the monitoring software to keep tabs on their employees. Some are using it with an eye toward returning to the office. Employers are finding that some people are more productive at certain times. As companies consider returning to the office, they still need to practice social distancing and one way to do that is to bring people in on staggered shifts. Bringing people in at their most productive time will help utilize personnel to their fullest potential.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employees with Privacy Concerns

If you feel that your company is monitoring your movements as you work from home without informing you, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. For an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Are Employers Responsible for Ill Family Members?

By anthony, 18th November 2020

As the nation continues to face the ongoing novel Coronavirus pandemic, many businesses are re-opening their offices and bringing their employees back from months of seclusion in their homes. With the virus still a presence in most states, some employees may be wondering what legal obligations they have toward the family members of their employees. In terms of allowing employees to tend to their sick family members, an employer needs to give their employees the flexibility to take time off and the federal government has provided a few programs to allow for that to happen.

What Do the Courts Have to Say on the Matter?

There have been a few cases reported around the nation of people getting sick with COVID-19 because they contracted it from a family member who was exposed to it at work. Thus far, two lawsuits have been filed in Illinois bringing up that very matter. Experts say the cases are similar to mesothelioma cases, where someone is working on a site where they were exposed, then bring it home to family members. In the first case, a woman from Illinois died due to complications related to COVID-19 over the summer. She allegedly contracted the virus from a family member who contracted it while working at a meat processing plant.

The lawsuit, filed by the victim’s daughter, alleges that the family member contracted the virus in April while working at the plant when he was working shoulder to shoulder with others in the plant. The lawsuit claims that the employers knew there was an outbreak at the plant but did not take any precautions to keep employees safe nor provide any warnings.

In the second case, a woman contracted the virus from her husband, who contracted it while working as a parts assembler. The woman is suing the company, claiming it was because of them that she contracted the virus.

However, the owner of the company is disputing the claim. He told several newspapers that his employees took precautions, including wearing masks and gloves, and he took daily temperature checks every day. He also accused the worker of declining to have his temperature taken. He added that the worker was the first to get sick and he in fact spread the virus.

Both cases are still pending, so it is unclear how the jury will respond. It is safe to assume, however, that an employer owes it to their employees and their families to ensure that their workspace is clean, precautions are met, and everyone adheres to them.

How Much Time Should I Give My Employees to Take Care of Family?

Employers still maintain their obligations under the federal Family and Medical Leave Act (FMLA) to allow for an employee to take time off if they need to recover from COVID-19 or take care of a family member who might have contracted it. The FMLA, enacted in 1993, protects a person’s job should they have to take time off to care for a sick family member. The law allows for a person to take up to 12 weeks of leave within a 12-month period. While they can take the time off, they will not receive any compensation during that time.

In addition, President Trump signed the Families First Coronavirus Response Act (FFCRA) in April, which allowed for more provisions for employees to take time off. This law requires that employees with less than 500 employees provide them with 10 additional paid sick days to accommodate any COVID-19-related absences. The law requires those same employers to provide an additional 12 weeks of FMLA time for employees. Of those 12 weeks, 10 days must be paid, but the law also provides payroll tax credits for employers to cover the paid leave.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employees and Employers Understand Their Rights Regarding the Pandemic

If you are an employer who needs to stay in compliance with pandemic-related laws or an employee who deserves sick leave to care for a family member who contracted the virus, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will review your case and determine the next best steps. For an initial consultation, call 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Should I Pass the Family Business to the Next Generation?

By Nikki, 12th November 2020

There are about 5.5 million family-owned businesses in the U.S., caccording to advocacy group, Family Enterprise USA. Therefore, many business owners need to decide if, how, and when they will pass on their business to the next generation. The best way to ensure a smooth transition and successful business continuation is to have a succession plan. Business owners should develop the plan with input and support from all family members who have an interest in the business. However, that leads to the question of who should inherit the family business?

Sometimes there are no children to inherit the business. Other times, children do not want to inherit the business, and there are no other relatives or close friends they trust. Still, other business owners do not want to retire, and by the time they do, potential new owners have moved on. Before business owners can develop a succession plan, they need to get buy-in from those they want to inherit the business. The next generation of owners could be children, relatives, friends, or other business owners. Acceptance and support from all potential new owners are crucial before developing a succession plan. If children will inherit the family business, consult with a lawyer about an estate plan as there may be tax and equity considerations.

Why Does a Family Business Need a Succession Plan?

A good succession plan will detail plans for a business when the current owner retires, or if the unexpected occurs, such as a death or disability of the owner. Sadly, a business could simply die out without a solid plan for continuance in place. The business could also be lost to estate and inheritance taxes without a plan that addresses tax issues. If there is no clear plan in place for ownership transfer, family issues could harm both the business and family relationships. A succession plan will cover the details of how and when the transfer will occur, associated costs, a business valuation, and how the transfer will be financed.

What Does a Business Succession Plan Include?

A succession plan must include the right people, such as a business lawyer, accountant, financial advisor, business valuation expert, CFO, and all family members and others who will have a role or financial interest in the transferred business. Every business situation is unique and will require different plans. A succession plan should address the following in detail:

The mission, vision, guiding principles, and values agreed upon by the current owner and all successors.
A timeline of important personnel transitions, business deadlines, events, projects, and plan implementations.
Identify strengths, weaknesses, and development plans for each candidate, in addition to responsibilities and management expectations.
A business valuation, stock or other equity positions, sales and growth expectations, as well as budgets, business debts, and other important financials.
The types of insurance that need to be acquired, renewed, changed, or stopped.
A summary of operating procedures, including processes, policies, partners, vendors and suppliers, products and services, new projects, training, IT, human resources, customer and client demographics, and marketing/sales plans.
A communications plan stating how employees, business partners, customers and clients, the community, and local media will hear about the transition.

Creating a succession plan for the family business is a complex task that requires the expertise of trained professionals. Passing the torch to the next generation can go smoothly with the right people helping business owners.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners with Succession Plans

If you are considering passing on your business to a family member, relative, friend, or another business, a business succession plan can help make it a smooth transition. Contact a Philadelphia business lawyer at Sidkoff, Pincus & Green P.C. today. We pride ourselves on staying abreast of all developments in business law and business succession planning. Contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How Can Employers Help Employees Embrace Company Culture Changes?

By anthony, 6th November 2020

A distinct company culture is very important to the success of a business. Company cultures may change periodically to reflect new technologies and policies. Although necessary, this can be difficult for certain employees to embrace and accept, especially if they have been at the company for a long time.

Workplace culture is a broad term that encompasses a company’s physical environment to the mental and psychological space that company executives have created for their employees. It is the personality of a company that employees and clients embrace when walking into the office. Firm culture is important for a company to establish when expanding. A positive workplace culture will ultimately lead to a higher success rate for the company.

How to Handle Changes in Workplace Culture

Finding the perfect firm cultural balance may take time and is something that will continuously need improvement. Creating a workplace that can quickly and efficiently adapt to changes is important in making employees feel comfortable. The first step a company can take before, during, and after workplace change is to assess their current environment and develop a way to produce a more positive culture. To do this, company executives should put more priority on the hiring process to help weed out toxicity and hire positive people. Companies can also develop committees and programs to help maintain a positive work culture and help those who need it while transitioning to new workplace systems. The following are ways to help produce and maintain a positive work environment:

Firmwide meetings: Include every employee in a monthly meeting where all team members can ask questions and address their concerns. Seek feedback and employee engagement whenever possible to show employees that they are valued, and their opinions are important.
Anonymous complaints: Create a place where employees can address their problems anonymously if they do not feel comfortable speaking to their supervisors face-to-face.
Lead by example: Introducing new technologies or protocols to a workplace may be confusing and intimidating to employees. Executives should lead by example and show employees that change is good and necessary for the success of the company.
Diversity and inclusion committee: Create a committee that focuses on making a more equitable work environment.
Maintain a sense of community: Managers should ensure that their employees feel welcomed and part of a team. They should remind employees that they are a main component to the success of the company and are a valued team member.
Appropriate training: Managers should train their employees properly to prepare them for how their work culture is run and maintained. Training should also cover how change is enacted and handled to better prepare new employees for workplace adjustments.
Create change from an employee’s perspective: It may be easy for a manager to produce changes that they feel are good for the work environment, but it is more productive to approach change from an employee’s point-of-view and listen to what they have to say.

What to Do If an Employee is Unhappy with the Firm Culture

Not every employee reacts to company change in the same way. If an employee is upset or requires a slower transitional period, discuss with them their concerns. Changing and adapting to new company culture protocol can take time but is necessary when getting employees to embrace a business. Companies should create a workplace culture where employees feel comfortable and valued at work. Establishing a culture where change is embraced and accepted is also important to the success of a company, as well as to the success of individual workers.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Make Company Changes Easier to Understand

The Philadelphia business and employment lawyers at Sidkoff, Pincus & Green P.C. range in experience with business and employment matters to help produce the best outcome for our clients. Call us today at 215-574-0600 or contact us online for help with your legal matter. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Equal Pay Lawsuits Filed by Female Professors

By anthony, 30th October 2020

Equal pay is a constant fight for women in the workplace. Despite having similar or better credentials, women are still being paid less than their male counterparts. No matter the profession, gender discrimination happens in all workplaces, especially within those with a high population of older men. Women must work harder to prove themselves and may work their entire lives without being paid fairly in comparison to their male co-workers.

A law professor at the University of Texas School of Law recently filed an Equal Pay Act lawsuit due to the unfair pay she received in relation to her male co-workers. This complaint also alleges sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. This is not the first time that the law professor complained to the university about unfair compensation and sexual discrimination. She speaks out frequently about the pay inequality at the university, despite the school’s verbal negative perceptions of her and her actions.

A Texas judge granted the university’s motion to partially dismiss the law professor’s lawsuit due to a failed causal connection between her pay complaints and receiving the lowest raise of any school faculty member. Her claims are still ongoing.

Ongoing Claims

This is not the first woman professor to bring a lawsuit to court. At least five other equal pay lawsuits have been filed by female professors from various universities since 2016. These lawsuits have been filed due to the way universities determine compensation. Law school deans often have significant say in pay decisions, which can be tainted by gender bias and because many men in the teaching field gain more respect for research and writing, despite their lack of quality and importance in relation to their female co-workers. This increases the dean’s overall opinion of male professors and allows them to raise their salaries.

Gender discrimination and pay gap issues often occur in the workplace. Many situations go unnoticed because women are afraid of the consequences if they mention it to their bosses. The female law professor has been described as poison after she confronted the appropriate parties. Other professors who filed lawsuits also stated that they were removed from important committee assignments and ignored in the workplace. Words and actions like these are why women are afraid to take a stand against pay inequality.

Although there are many obstacles that women face in the workplace, especially when it comes to pay gaps, it is important to fight for equal compensation. Fighting for equal pay is an ongoing battle and requires female workers to stand up for themselves when they feel as though they are being treated unfairly.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Fight for Equal Compensation in the Workplace

If you feel as though your pay does not match your abilities and that you are not being fairly compensated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. for help. Our dedicated team understands the pay gap frustration and will work hard to ensure you receive proper pay. Gender discrimination is a serious issue that will only get resolved if we continue to fight for the rights of female workers. Call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How Should Employees Return to the Workplace During the COVID-19 Pandemic?

By anthony, 23rd October 2020

Employers who need employees to return to the workplace during the COVID-19 pandemic must have a solid plan in place to ensure safe and compliant workplaces. This plan should take into consideration the guidelines issued by various regulatory agencies, including the Centers for Disease Control and Prevention (“CDC”) and the Occupational Safety and Health Administration (“OSHA”). As regulations and guidelines change, employers must continue to remain compliant. Working with lawyers who fully know and understand compliance guidelines can help employers make a smooth, safe, and lawful return to work.

How Should Employers Develop a Return to the Workplace Plan?

The best way to start developing a plan is to become familiar with the guidelines, laws, and regulations that have been issued by health agencies and other governing bodies. Topics include the following:

OSHA guidelines pertaining to the three phases of reopening
CDC guidance on identifying potential exposure to COVID-19 and how to eliminate or lessen exposure
Medical monitoring of employees and employee self-reporting of health conditions
Confidentiality guidelines
Employer and employee rights
Safety protocols for visitors, guests, vendors, and job applicants

Another good strategy is to hire an employment lawyer to navigate the sheer volume of requirements and information available. A lawyer can also help employers make a compliant and safe transition back to the workplace.

What Should Employers Include in a Return to Work Plan?

At the minimum, a return to work plan should include the following three phases:

Telework accommodations, reduced business travel, and limited in-office work
Increased in-office personnel, increase in business travel
Unrestricted staffing at workplaces and work sites

Each phase of the plan must address these issues:

How to prevent, monitor, and respond to individual cases or a resurgence of COVID-19 in the workplace or community
Specific guidelines for hygiene, including mask wearing, handwashing, temperature monitoring, disinfecting, and cleaning the workplace
Social distancing plans and how to physically configure the workplace to comply with social distancing
Establishing and communicating new policies and procedures on employee travel, employee gatherings, and use of employer facilities, such as break rooms, restrooms, fitness centers, and meeting rooms
How to monitor employee health and isolate sick employees
Implementing sick leave or other policies to increase flexibility and reduce concerns during the pandemic
How to train employees on hygiene and new policies and procedures as a result of compliance with guidelines
Educating employees on how to stay safe and healthy outside of work, offering free resources to employees, including masks, hand sanitizer, and information
Ongoing workplace hazard assessment to reduce potential areas where the virus can live or spread
Clear guidelines for responding to employee concerns, OSHA complaints, and lawsuits

A good first step is to contact an employment lawyer who can counsel on the most appropriate, current, and legal resources available to a business or company.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Businesses Lawfully Reopen and Return to Work

If your company needs direction with its plan to reopen successfully and legally, reach out to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Our knowledgeable and dedicated attorneys know the COVID-19 guidelines, laws, and regulations issued by regulatory authorities. Fill out our online contact form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What is the Pregnant Workers Fairness Act?

By , 15th October 2020

The Pregnant Workers Fairness Act (“PWFA”) was recently passed in the U.S. House of Representatives. The legislation largely follows the guidelines set forth by the Americans with Disabilities Act (“ADA”). The PWFA, however, will go a step further in protecting pregnant women in the workplace if it is signed into law. It will also specify exactly what businesses must do to comply. Under the PWFA, anyone who is pregnant qualifies. The law is specific so that employers cannot avoid the issue of pregnancy. It ensures a pregnant worker is covered by the law even if they cannot perform an essential function of their job position, as long as the inability:

Is strictly temporary and caused by pregnancy;
Could be performed in the near future; and
Can be reasonably accommodated.

There is no language about undue hardship laid on the business. A business is not supposed to give preferential treatment to a pregnant woman, but it cannot tell her that her accommodations are unnecessary because they are more costly or time consuming than those provided to other disabled workers. The law simply hopes to clarify what employers must do when a woman requires accommodations during pregnancy alone.

Examples of Reasonable Accommodations Under the PWFA

The PWFA allows for reasonable accommodations that any normal person would see as fair. Some examples include the following:

Extra time for bathroom breaks
More water breaks
Reassignment of tasks requiring heavy lifting
A more comfortable chair in which to sit

Because most of these accommodations are simple, the employer and the employee must determine the best course of action. A business cannot reject requests for accommodations, and a pregnant woman cannot expect the business to know precisely what she needs without speaking to a supervisor first.

How are Workers Compensated Under the PWFA?

If a case for discrimination should arise under the PWFA, it would be met with an investigation by the Equal Employment Opportunity Commission (“EEOC”). Even though the EEOC will act as the administrative agency for the law, a lawsuit may be filed against the employer for negligence that could result in a judgment, including non-economic damages, punitive damages, and legal fees.

Pregnant women who experience retaliation or lose their jobs entirely could also sue for back pay if they were terminated, their hours were reduced, they were demoted, or their future earning potential was impacted. Even though women have legal recourse if they experienced discrimination, the law also allows employers to show that they made a good-faith effort to accommodate their employees. Although the law wants to protect pregnant women, it does not allow for unreasonable demands on the part of an employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Pregnant Women Suffering from Discrimination at Work

Speak to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. when you have questions about your treatment at work, especially when you are pregnant and have possible new protections under the PWFA. Our attorneys are highly experienced in all areas of the law dealing with employer-employee relationships. We create litigation strategies to support our clients’ concerns and goals. Fill out our online contact form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Are Business Losses Due to COVID-19 Covered Under Business Interruption Insurance?

By anthony, 8th October 2020

Many businesses have been forced to close during the pandemic. Restaurants, bars, gyms, and summer camps are just some of the businesses that have recently been seeking insurance coverage for their pandemic-related business interruptions. However, as coverage is typically dependent upon direct physical damage, most of these claims have been thrown out of court. Despite consistent rulings in favor of insurance companies, businesses continue to file claims for interruption and canceled events due to COVID-19.

What is Business Interruption Insurance?

Business interruption insurance replaces lost income that a business suffers after a covered loss. It is typically purchased by companies with a physical location that serves customers and is added on to their property insurance policy. If the business should lose income due to a fire or natural disaster, business interruption insurance can replace any income or business losses. Business interruption insurance does not cover flood or earthquake damage, utilities, broken items, or any undocumented income. Rather, this type of insurance only helps businesses cover operating expenses, such as:

Revenue
Mortgage, rent, or lease payments
Loan payments
Taxes
Payroll
Relocation costs

Although insurance policies differ regarding terms, most include some type of language stating that there must be direct physical damage in order for business interruption claims to be paid out. Therefore, if a hurricane blew away a roof or a fire burned down inventory, business interruption insurance would provide coverage. However, what if there was no physical damage, as is the case with many businesses affected by COVID-19? Business owners seeking legal relief are discovering that when it comes to lost income due to the pandemic, they may be left to their own devices.

What About Pandemic-Related Losses?

A professor at the University of Pennsylvania notes that currently, there are approximately 700 coverage lawsuits brought by businesses seeking coverage for pandemic-related business interruptions. This exceeds the normal number of claims for natural catastrophes by two or three times and is more than the number of case filings for hurricanes Sandy, Irma, and Harvey put together.

So far, this widespread need is not being met; courts in California, Michigan, and the District of Columbia have sided with insurers, leaving businesses without coverage for their losses. This is because most policies require direct physical loss or damage to property for coverage to apply. COVID-19 causes no tangible property damage and therefore does not form the basis of a valid claim.

Insurance companies claim they do not have enough funds to cover all pandemic-related claims and that their policies were not meant to cover losses outside of direct physical damage. However, it remains to be seen whether they will be compelled to do so as policyholders continue to file business interruption claims, attempting to convince the courts to construe ambiguous language in their favor.

Philadelphia Business Litigation Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners Recover Pandemic-Related Losses

If your business suffered losses due to the pandemic, contact a Philadelphia business litigation lawyer at Sidkoff, Pincus & Green P.C. Our knowledgeable and dedicated attorneys pride themselves on staying abreast of all developments in business law and will fight to obtain the benefits to which you are entitled. Contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Does My Employer Have to Share If a Co-Worker has COVID?

By anthony, 2nd October 2020

The Coronavirus (COVID-19) has caused confusion among companies, and employees are unsure about what information they need to share with their employer and what can stay private. COVID-19 is a very serious illness that can cause death, specifically in the elderly and those who have underlying conditions. To keep the virus under control, many businesses and government officials are urging employees to tell their employer if they contracted COVID-19. If a case is publically known, workers can be more wary of symptoms and health precautions in the workplace.

This pandemic has been difficult to control, and confusion still arises over the proper protocols to keep people safe. To help minimize exposure and potential risk, workers who do not feel good or have tested positive for the virus should stay home and report their situation to their immediate supervisors. Although it is recommended for an employee to tell their employer if they have COVID-19, it is not legally required. However, employers are expected to tell their employees if they have been in contact with someone who has the virus at work, but there is no specific rule on notifying employees in the workplace.

The Centers for Disease Control and Prevention (CDC) outlines ways to notify employees of a specific case and what to do when in contact with that person. Unfortunately, it is not necessary for an employer to name the specific worker who has been infected. The infected employee is protected by health privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Americans with Disabilities Act (ADA). Employers have to report the infected employee to the Occupational Safety and Health Administration (OSHA).

Being an essential worker during the pandemic is a very challenging and stressful job. Now that more stores and companies are opening back up, it is up to essential workers to keep supplying our country with health services, food, and other necessities. These workers are putting their lives on the line to help others. To make their lives a bit easier, employers should encourage the sharing of information between workers to help control the spread of the virus and keep everyone safe. Although it is not legally required, it could benefit every worker if they know about a confirmed case in the workplace.

Maintaining Safe Work Environments

If a co-worker tested positive for COVID-19, it is important to maintain proper safety protocols to keep everyone else at the company from infection. Always remember to wear a mask, wash hands for 20 seconds, wear gloves when touching public amenities, and keep each workplace clean. To alleviate stress, employers should be actively checking in on their employees and providing them with enough personal protective equipment to keep them safe and healthy while at work. Employers can maintain confidentiality between co-workers, but it is recommended to inform workers of a positive case or outbreak.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees and Employers During the Pandemic

If you have been discriminated against or treated unfairly in the workplace due to a COVID-19 diagnosis, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. for legal help. Our dedicated and skilled attorneys are determined to protect your rights and help you receive maximum compensation. Contact us online or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Newer
1
…
23
24
25
26
27
28
29
30
31
32
33
…
80
Older

1101 Market Street Suite 2700, Philadelphia, PA 19107