By Sara J. Ackermann
November 11, 2020
Last night, after his primetime address, Governor Evers issued Executive Order #94 which advises residents to stay home and take precautions if they have to leave their home. It also encourages businesses to take additional steps to protect workers, customers, and the surrounding community. While the document is entitled as an “Order” there is no fine or penalty for failure to comply. However, Wisconsin employers should take note that failure to follow Evers’ workplace recommendations could lead to workers’ compensation, OSHA, and “Safe-place Statute” claims. In addition, an employer who discharges an employee who complains that the order is not being followed could give rise to an OSHA retaliation complaint or wrongful discharge claim under Wisconsin’s public policy exception to the “at-will” doctrine. The full order can be accessed here.
For guidance on how to navigate these issues, and other COVID-related issues, contact an attorney on our COVID-19 Focus Team.
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