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SOUTHEAST TEXAS RECORD

Tuesday, June 25, 2024

Commercial Liability for Employee Conference Attendance During Covid

Their View
Poland meeting

Since the dawn of the COVID-19 era almost six months ago, the way we  work as a nation and as a planet have been turned upside down. While  many businesses no longer have employees gather together to work in the  same physical office, in some ways, our inter-connectedness has improved  as we refine our technology skills and allow the virtual world to help  connect our business networks and professional relationships.

Yet this fall will mark a return to in-person conferences for some  employees. While COVID-19 has brought on a wave of virtual conferences,  in-person conferences are in themselves a massive industry and one that  refuses to disappear.

While the many free or low-cost virtual conferences of the past  months have shown great business inclusiveness, in-person conferences  are all about exclusivity. Along with that exclusivity comes the  significantly higher conference fees that businesses on the whole have  been more than willing to pay for many years.

A return this fall to more in-person conferences brings with it a  compelling legal issue - that of liability if something happens to an  employee when the company sends them to a conference. Yes, there have  always been basic legal and  insurance liability issues surrounding  conference attendance, almost all of which would have been fairly  standard where an employee was attending a conference as part of their  work responsibilities. While many believe that common sense dictates  that companies avoid sending their employees to in-person conferences  for at least the remainder of 2020, this wise counsel is already turning  out to be something that fewer companies than we would imagine are  adhering to.

But since March, the liability issues have become much more  complicated. There is a legal argument to be made by employees that  sending them on business travel today, especially to an in-person  conference, is sending them into a potentially hazardous situation. The  threshold question becomes whether the employer is being negligent or  reckless by requesting that an employee attend an in-person conference  as part of their work responsibilities.

As is so often the case in the legal world, the best answer is “it depends.”

First, there is a cogent legal argument to be made that where an  employer tells an employee to attend an in-person conference, that  company is assuming significantly more risk now than in the past should  something happen to the employee in the line of work (and an employee  could later make the argument that the company knowingly assumed said  risk). 

Much would depend upon where the conference is being held. Is it a  location where there have been very few COVID-19 cases over the past few  months or a global hotspot already beginning to experience a second  wave of the virus? Much would also depend upon the nature of the  conference itself. Is it in a socially-distanced outdoor setting with  few people or inside a traditional indoor conference hall with many  people, little social distancing, and predictably poor air flow?

There is also the issue of the employee’s willingness to attend the  conference, which is destined to be a legal and practical nightmare. If  something happens to that employee while at the conference or as a  result as having been there, is their willingness to have attended a  factor the employer can use to absolve themselves of legal liability?  What about the current grey area that is willingness? In COVID-19 times,  with so many people having lost their jobs and many other positions so  tenuous, will an employee risk being seen as anything but enthusiastic  if told to attend an in-person conference?

Specifically, what about the legal rights of employees who refuse to  attend an in-person? What if they do speak up and make a case for not  being able to travel due to their physical condition or that of people  in their household, and is such an argument even legally necessary? What  recourse would that employee have if they could link their termination  with refusal to attend?

There are certain safeguards afforded by the Occupational Safety and  Health Administration. Where an employee is told to attend a conference  and feels that so doing would be unsafe, they can lodge an OSHA  complaint. What the end result would be of that complaint and how it  would in practical terms affect that employee’s tenure with the  organization remains to be seen. Again, the willingness of employees to  file an OSHA complaint for anything will today be a fraction of what it  was before March.

For the businesses considering sending employees to not only  in-person conferences, but on any kind of business travel, there has  never been a better time to look internally at your risk management  function. For many companies, risk management is like optional building  maintenance - you wait to invest in it until you have a real problem on  your hands. 

For companies that have been meaning to look at how and how well they  do risk management, the time may have already passed. As companies hit  the ground running with their fall restart, many of their business  practices that were once deemed comparatively low-risk (such as  conference attendance) are now something deserving of a pause, internal  reflection, and often experienced legal advice.

About Lawlor, White & Murphey

Lawlor, White & Murphey is committed to providing each and every  one of their clients with the best of both worlds—the compassion and  individual attention of a small firm, and the resources, experience, and  power of a large firm. Every single case that passes through their  hands is treated with compassion, attention to detail, and expertise.

Today, the firm is made up of six dedicated and talented  lawyers who are backed by a staff of exceptional paralegals, clerks, and  administrative personnel. The entire team is dedicated to helping  Florida residents and their families recover from injuries and other  losses caused by the negligence of others. The team has helped our firm  grow and flourish over the years through diligence, perseverance, and  innovation. Thanks to the team’s dedication and hard work, they are able  to proudly point to a history of success with their cases. Throughout  Florida and beyond, Lawlor, White & Murphey is now recognized as  leading authorities in personal injury law.

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