Jonathan Segal

Three weeks ago, some of the most common questions employment lawyer Jonathan Segal’s clients asked about COVID-19 included whether they could allow employees to work from home or travel for business.

With the virus quickly spreading across the U.S., the Duane Morris partner said those same business executives are now asking what to do if an employee cannot work from home or how to handle cutting jobs, hours or salaries. [...]

Segal tells clients when communicating with employees, it's important to show a basic level of kindness, empathy and transparency while painting with broad brush strokes. He advises not to get into too much detail, because that could create confusion and potential legal issues.

For example, some employers who have employees work on site are spelling out the terms and conditions before an employee can return from an employer-imposed quarantine. Those terms and conditions may change. Instead, Segal says its better to say something like: Before you will be able to return to work, we will let you know what terms and conditions you will need to satisfy at such time.[...]

One question employment lawyers cannot answer is how long this crisis is going to last, something essential for the future of the businesses they represent. ... Segal said the next few weeks will be an inflection point filled with tough decisions made by employers about their companies and employees.

“I hope it won’t be as bad as 2009 but everyone needs to brace for the worst-case scenario and hope for the best,” Segal said. “They need to anticipate this getting worse before it gets better.”

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