Coronavirus-Related Whistleblower Claims: What Employers Need to Know May 6, 2020 Presenters Steven J. Pearlman Lloyd B. Chinn Harris M. Mufson Pinchos (Pinny) Goldberg Partner (Chicago) Partner (New York) Partner (New York) Associate (New York) T: +1.312.962.3545 T:+1.212.969.3341 T: +1.212.969.3794 T: +1.212.969.3074
[email protected] [email protected] [email protected] [email protected] 2 Coronavirus-Related Whistleblower Claims May 6, 2020 COVID-19 Wrongful Death Suit: Evans v. Walmart • First known COVID-19 wrongful death suit - filed in Illinois • Decedent contracted COVID-19 while working at a Walmart store ‒ Another employee who worked at the store died of COVID-19 shortly after the decedent • Complaint alleges: ‒ Walmart failed to implement safety measures recommended by CDC/OSHA ‒ Management did not clean and sterilize the store, provide employees with PPE, or implement social distancing ‒ Walmart did not bar employees with symptoms of COVID-19 ‒ Walmart did not warn employees that other workers had COVID-19 3 Coronavirus-Related Whistleblower Claims May 6, 2020 Whistleblower/Retaliation Claims on the Rise • Reports of employees alleging retaliation for reporting lack of safety measures and personal protective equipment (“PPE”) ‒ Health care workers ‒ Warehouse employees • 1,000+ OSHA complaints regarding lack of COVID-19 protections • OSHA Press Release “reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus”