Can you ask employees to waive suing you over getting COVID?
1 reply
May 26, 2020
An employer can absolutely ask their employees to waive potential claims based on contracting coronavirus. Such a waiver will be effective in many cases, particularly when the employer has taken all necessary steps to limit the chances of coronavirus spread in the office and on-site. What's more, using an extremely clear waiver that lays out what's being waived will also increase the chances of the waiver being upheld in court, if things came down to that.
With that being said, this coronavirus outbreak is still extremely fresh and no courts have faced this specific issue. Meaning, it's impossible to predict how effective the waiver would be. But, ultimately, it's better to have a waiver than to not have one. Plus, if you can show you took every necessary and proper precaution in addition to that waiver, that should boost the chances of protection.
These articles have some great discussion on the topic: (1) Waivers of Liability in the COVID-19 Era: Proactive Steps Businesses Should Consider to Protect Against Possible Future Liability; and (2) Coronavirus: An Employer Q&A.
For additional coronavirus discussion, you can find a wealth of information here: Coronavirus & Construction Cash Flow.