Q: Is there any action one can take against a boss putting employees in unnecessary danger?
If a boss comes into work and multiple of his family members including his wife have tested positive for COVID-19 and have told him he needs to quarantine but he comes in anyway and takes his mask off, is that creating a risky work environment? Is there any sort of legal action one could take especially if they end up getting COVID-19 soon after?
A: The best action you can take it to quit. If you have in fact contracted the disease, the legal action you could take would depend upon how you got it. If it was in fact a result of being infected at work, the exclusive remedy of a worker's compensation claim would apply; if you did not get it at work you have no claim at all against your employer.
A: One option, as correctly noted by the previous poster, would be to quit. Of course, then you are suffering the full brunt of your boss's callous actions, losing your income and possibly the ability to support your family, even though you did nothing wrong.
Another option would be to discuss the issue with your coworkers and, if they agree, present your collective concerns to management. You have now engaged in protected concerted activity under Section 7 of the National Labor Relations Act. If the company retaliates against you, they violate Section 8(a)(1j of the NLRA.
If the company continues to disregard your concerns, you may then submit a petition signed by at least 30% of your coworkers to your local NLRB office demading an election for recognition of a union. If the workers prevail in the election, the company will be required to collectively bargain in good faith about wages, hours, and other mandatory subjects, at which point the issue of health and safety policies with respect to COVID19 can be raised.
Of course, if your employee had simply cared about its employees in the first place and not recklessly endangered the health and safety of you and you coworkers, this process would not be necessary.
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