Legal Protection for Employers (and Governments)

[DGS49]

So we have all sorts of pressure now on employers and employees to go back to work. And it is INEVITABLE that when they do so, a lot more people are going to be exposed to CV-19, some of those people will get sick, and some of THOSE people are going to die. No question about it.

While it's painful to say so, it is rational to believe that some deaths are an acceptable price to pay for putting millions of people back to work.

But also inevitable is a Tsunami of lawsuits by the sick employees and their families against their respective employers (and the Governors of the affected states) for "negligently" bringing them back before it was "safe." Hell, the lawsuits have already started.

In fact, any employer with more than 50 employees can COUNT ON being bankrupted within three years by the lawsuits that will inevitably follow the back-to-work order. And it is unlikely that said employers will be able to stand on the protections afforded by Workmens' Comp statutes; the tort bar will break down that wall almost immediately.

So is it incumbent now for State legislatures to prepare legislation to protect employers from such suits - and government officials from such suits - when the back-to-work orders come out?

How could the legislatures leave employers hanging in this position? It would be unconscionable. And yet, most state legislators are lawyers, whose friends and acquaintances stand to reap huge rewards from the aforesaid Tsunami. Can we trust them to do the right thing?

 

[evenflow1969]

So we have all sorts of pressure now on employers and employees to go back to work. And it is INEVITABLE that when they do so, a lot more people are going to be exposed to CV-19, some of those people will get sick, and some of THOSE people are going to die. No question about it.

While it's painful to say so, it is rational to believe that some deaths are an acceptable price to pay for putting millions of people back to work.

But also inevitable is a Tsunami of lawsuits by the sick employees and their families against their respective employers (and the Governors of the affected states) for "negligently" bringing them back before it was "safe." Hell, the lawsuits have already started.

In fact, any employer with more than 50 employees can COUNT ON being bankrupted within three years by the lawsuits that will inevitably follow the back-to-work order. And it is unlikely that said employers will be able to stand on the protections afforded by Workmens' Comp statutes; the tort bar will break down that wall almost immediately.

So is it incumbent now for State legislatures to prepare legislation to protect employers from such suits - and government officials from such suits - when the back-to-work orders come out?

How could the legislatures leave employers hanging in this position? It would be unconscionable. And yet, most state legislators are lawyers, whose friends and acquaintances stand to reap huge rewards from the aforesaid Tsunami. Can we trust them to do the right thing?

yes, the court works on precidence and after the first few negligence cases are tossed the others will be short lived. In order for there to be negligence there must be common knowlege how to avoid the danger. Right now no one knows how to truely deal with this bug and one can not be held responsible for things that are not common knowlege. It will be Ok. I know every one is scared, me included to some extent. I am old and am at peace with the possibility of dying. I have also lived through some tough times so what is happenng now does not bother me much. The last time this happened was 1918 and the roaring twenties happened right after. There is hope.

 

[MeBelle]

Good Lord!

The sky is falling....


Yup probably a plethora of lawsuits, which will be thrown out of court.

Nobody is FORCING employers to open back up to full capacity and nobody is FORCING employees to go back to work.



Americans are still catching the Swine Flu - who are ya gonna sue?

 

[DGS49]

The negligence case will be easily made. While the defense will point to the relevant Governor's decree, the Plaintiff will be citing all the caveats included in the Governor's decree ("...but only if..."), and the contemporaneous warnings from various "experts" who claimed in Real Time that the Governor was jumping the gun.

It will be a SLAM DUNK case for negligence. Which is why legislation is required.

 

[depotoo]

So we have all sorts of pressure now on employers and employees to go back to work. And it is INEVITABLE that when they do so, a lot more people are going to be exposed to CV-19, some of those people will get sick, and some of THOSE people are going to die. No question about it.

While it's painful to say so, it is rational to believe that some deaths are an acceptable price to pay for putting millions of people back to work.

But also inevitable is a Tsunami of lawsuits by the sick employees and their families against their respective employers (and the Governors of the affected states) for "negligently" bringing them back before it was "safe." Hell, the lawsuits have already started.

In fact, any employer with more than 50 employees can COUNT ON being bankrupted within three years by the lawsuits that will inevitably follow the back-to-work order. And it is unlikely that said employers will be able to stand on the protections afforded by Workmens' Comp statutes; the tort bar will break down that wall almost immediately.

So is it incumbent now for State legislatures to prepare legislation to protect employers from such suits - and government officials from such suits - when the back-to-work orders come out?

How could the legislatures leave employers hanging in this position? It would be unconscionable. And yet, most state legislators are lawyers, whose friends and acquaintances stand to reap huge rewards from the aforesaid Tsunami. Can we trust them to do the right thing?

Yep, vulture law firms here are already running ads for just that.

 

[CWayne]

Under no circumstance should the state governments, nor the federal government, be exempt from lawsuits regarding this.

They are the ones that have screwed this entire response up and are solely responsible for the coming second wave of infections as a result of the madness of flattening the curve nonsense.

 

[Fed Starving]

So we have all sorts of pressure now on employers and employees to go back to work. And it is INEVITABLE that when they do so, a lot more people are going to be exposed to CV-19, some of those people will get sick, and some of THOSE people are going to die. No question about it.

While it's painful to say so, it is rational to believe that some deaths are an acceptable price to pay for putting millions of people back to work.

But also inevitable is a Tsunami of lawsuits by the sick employees and their families against their respective employers (and the Governors of the affected states) for "negligently" bringing them back before it was "safe." Hell, the lawsuits have already started.

In fact, any employer with more than 50 employees can COUNT ON being bankrupted within three years by the lawsuits that will inevitably follow the back-to-work order. And it is unlikely that said employers will be able to stand on the protections afforded by Workmens' Comp statutes; the tort bar will break down that wall almost immediately.

So is it incumbent now for State legislatures to prepare legislation to protect employers from such suits - and government officials from such suits - when the back-to-work orders come out?

How could the legislatures leave employers hanging in this position? It would be unconscionable. And yet, most state legislators are lawyers, whose friends and acquaintances stand to reap huge rewards from the aforesaid Tsunami. Can we trust them to do the right thing?

The lawsuit threat shouldn't be that bad unless lawyers start banging out photocopy suits or class action suits but generally people dont have enough motivation and time especially if they are working class to go through a big legal process to make a few thousand bucks. Chances are if legal representation isnt free then they arent even really going to have much incentive to pursue a suit.

 

[Fed Starving]

Good Lord!

The sky is falling....


Yup probably a plethora of lawsuits, which will be thrown out of court.

Nobody is FORCING employers to open back up to full capacity and nobody is FORCING employees to go back to work.



Americans are still catching the Swine Flu - who are ya gonna sue?

I was thinking along the same lines. You'd have to ask yourself whether your employer is to blame or your government. I think though that most people wouldn't consider suing their employer. Bad times hurt everyone. My granma lived through the depression. Didnt hear about lawsuits didn't even cross anyones mind.