Marc A. Mandelman, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s New York office, was quoted by SHRM.org, in “Requiring Employees to Come to Work in Snow Often OK,” by Allen Smith.
Following is an excerpt:
Another possible source of liability may arise if a locality makes individuals subject to misdemeanor criminal penalties for traveling during a state of emergency when the roads are closed.
If an employer terminates an employee for not showing up at work, and that employee has refused to travel into work to avoid subjecting him- or herself to the risk of these criminal penalties, “that may be an exception to the at-will doctrine and be the basis for a wrongful termination claim,” Mandelman said. “But such a claim may not work in all states.”
