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So my mother in law has a situation with a few employees she is dealing with. She is running a successful small  family business that has been in business over 50 years now.

It’s a hardware store but they also do outside jobs such as install doors, windows, awnings, etc.  It isn’t shut down because it is considered an essential business.

They have 4 guys who do the outside work.  The unofficial leader of that group has been encouraging the others to tell my MIL how unsafe they feel.  He’s a long time employee but has been a royal PITA over the years on different issues. She has tried to be sympathetic but she is coming to work everyday as are the rest of the in-store employees. She told them they could use their vacation time but they didn’t want to do that. The in store employees have a lot more contact with the public than the outside guys. Anyway, none of the outside guys showed up for work today. They told her they weren’t quitting but didn’t feel safe working right now.

She called my wife looking for advice on how to handle it.  We told her to contact each of them and tell them they are open for business and she has work that needs to be done. If they don’t report for work tomorrow then she will work under the assumption they have voluntarily resigned and will fight any unemployment claims.  She’s a little more soft hearted than my wife though.  I’ll be interested to see what happens.

I don't think you can do that. This new CARE act might provide a way out. Need to talk to an attorney.

Idk.  I’m certainly not an expert on the CARE act.  As I understand it part of the money to small businesses is to incentivize them not to lay off employees.  These guys are wanting to be laid off.  Between unemployment and the stimulus money coming their way I think they think they can weather the financial storm a while, get a little time off, and then come back to work.  I think that’s why they were careful to say they weren’t quitting.

Are they legitimately worried about their health?  Idk the real answer to that.  Knowing the ring leader a little I have my doubts about him. I think he’s an opportunist but I may be unfairly judging him.

Yeah, but the key point you mention is her fighting the unemployment claims. That's where there'd be trouble.

If she just agreed with them, laid them off (which is what they want given the stimulus), and they got their unemployment plus the extra money, they'd probably enjoy being "paid" without having to work. But she doesn't agree with them--she has plenty of work and is an essential business--so she doesn't want to lay them off.

So if she's trying to terminate them for cause [absenteeism], she might be able to get away with it because her business has work available. But I don't know if there's anything in the law that protects an employee who is "afraid to come to work" in this environment.

But I agree with @847badgerfan -- as a business owner I would HOPE she has a lawyer retained. This is one of those things she needs to ask her lawyer, not us. Because none of us bear the cost of being wrong, and she does.

This.

I have 2 field guys (out of 8) who are refusing to go out, due to conditions they had. We asked for a doctor note for each and they did not provide. We told them they could use up their PTO and to hope that the Fed comes through with help for them (and probably us). Neither has resigned, nor have they provided any note. One is back to work.

The CARE act is too new for me (or anyone) to know WTF to do with it.

So, the county I live in has been fortunate so far, despite the fact that it is on the 95 corridor and filled with people from New York and New Jersey.

But the surrounding counties are shelter in place.  None of the northeasterners are paying any attention to it. Despite them being mostly older, and all the restaurants and businesses are closed, the roads are clogged and any business that is open ( gas station, car wash, grocery, convenience store) is jammed all day every day.

Went to the local golf course which is typically empty on Monday’s.  Tee times taken for two weeks, driving range was waiting list, and parking lot filled with New York and New Jersey plates.

Guys behind the counter in pro shop said virtually none of these people are from this county. They have not only bolted New York against the shelter in place, they freely leave the counties down here where they are supposed to stay.  Frustrating is an understatement.  Especially when they come from a place where they encourage illegal immigrants, shelter those who happen to be felons from ICE, have a Health Commissioner who openly and on camera told them in early February that New York was more than prepared for the virus and they should be comfortable dining out, using the subway, and by all means attending the big parade ( next day).  And then they have the gall to blame others for their own negligence.

Running into that in WV some as well.  It is when one of the least infected states so far.  Apparently flocks of people from NY/NJ are making their way down here staying at camp grounds, shopping at our stores, etc.

Running into that in WV some as well.  It is when one of the least infected states so far.  

Least infected simply means least tested.

Running into that in WV some as well.  It is when one of the least infected states so far.  Apparently flocks of people from NY/NJ are making their way down here staying at camp grounds, shopping at our stores, etc.

Condescending corksuckers make fun of the hill folk/mid west then come down and pollute the place with them shitty selves.They Love New York - stay there

Least infected simply means least tested.

possibly, possibly not