Employment Question for State of Emergency

Asked 6 months ago - Marietta, GA

Atlanta lawyers will get this. I don't have a problem this time, but have read so much today that since the governor declared a state of emergency, employers can't ask employees to come in, and that somehow a police state-like law kicks in to govern private businesses and individuals. If someone posts on FB that they have to go to work, 15 people will jump in to tell them they don't and they can sue if the employer does anything at all. Does the state of emergency somehow kick in to affect employers and employees and change the at will employment?

Attorney answers (3)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . A state of emergency is meaningless in Georgia as to private employers. In other words, if an employer thinks so little of his employees that he wants to risk killing them, he can. Good employers, like myself, used common sense, closed early Tuesday and stayed closed Wed. and today. But if your employer wants to be an idiot, your only remedy in Georgia is going to be to work for someone else, and use that Facebook page to get people to boycott that business after you get a new job. (In Georgia a state of emergency simply means the Governor has mobilized emergency services at state agencies, can call out the National Guard, and he can close state government offices and probably direct his staff to close state highways. Beyond that it has no real meaning).

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  2. Alan James Brinkmeier

    Contributor Level 20
  3. Alan Sanders Richard

    Contributor Level 14

    Answered . Employers can request anything they want, the question is whether or not they can discipline or fire you if you refuse the request. If you are an "at will" employee, an employer can fire you without needing a reason. If you have civil service status or are privately employed under a contract or company policy that requires good cause for discipline or termination, it is unlikely that being unable to come to work because of the conditions that give rise to a state of emergency will be found to be good cause.

    For more specific advice contact a local lawyer that specializes in employment law.

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