Q: An event coordinator made my server dig through the garbage despite covid. I want to pursue this.
An event coordinator made my server dig through the garbage despite covid. I asked her where the trash was to be put, she said over there and pointed to a trash barrel While server food to guests she came and got my server and he had to dig in trash where people are throwing their dirty plates and put him at risk for covid. I was humiliated as he was in front of all those people there. 2 guests asked me why my server was going through the garbage. I feel she hurt my business. It was a horrible experience to say the least and now he is concerned of getting covid. I feel it should have never happened
A: Was this 'coordinator' the Employer/Supervisor of the server redirected to the trash? If not, this worker should have declined; if he becomes ill, he can pursue a Personal Injury claim against the Coordinator. If there IS an employment relationship between the Coordinator and the Server, he performed 'other tasks as assigned' that is listed in every job description. Yes: Ideally, The garbage search should have been performed out of sight of guests. Disagreeing with management poor choices is not grounds to assert any on-the-job injury. If this worker has an employment relationship with the coordinator and becomes ill with ANYTHING, he can file a workers comp claim and tell the examining physician and judge he was ordered to search the trash without personal protective equipment and became ill shortly thereafter. Civil rights are not at play here because the government didn't take anybody to jail, and nobody was refused employment based on a protected class.
I fail to see how you have a claim here.
First of all, Covid is an airborne disease passed from human to human. That is why we should wear masks when in the company of many people who may be unvaccinated (unless, of course, the venue required all attendees to be vaccinated.)
Secondly, should your employee get sick as a result of this incident, s/he has a potential claim for worker's compensation benefits under your worker's comp policy. But I don't see how you have a personal claim for the humiliation you felt at the time. In my opinion, that would not be a compensable claim.
Unfortunately, we all face circumstances during our lives of personal humiliation or the feelings associated with that. I agree with Ms. Wallace that your employee should have come to you immediately for your direction, and that the search of the trash should have been done away from the guests. Otherwise, I don't see that you have any claims here.
see the description by Attorney Wallace below.
you are correct it should never have happened.
if the server was not working for the coordinator s/he should NOT have had to do so.
arguably you could have stopped it.
in law, one needs more than the possibility of something happening.
it might be challenging to find a lawyer to take a case like this on a contingency and I suspect you will not want to hire a lawyer on an hourly.
if the server gets covid s/he would have to prove it was from this activity and I suspect that will be difficult to do.
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