Threatening Employees on Social Media is No LOL Matter

Employers should consider the legal implications of commenting on employee’s social media posts.

PPP Loan Forgiveness and Employees Refusing to Return to Work

How to navigate former employees refusing to return to work and maximize ability to seek PPP loan forgiveness.

Lying About Having COVID-19: A Cautionary Tale

Have you ever lied about being under the weather to score some time off? I assume that is what Mr. Santwon Antonio Davis was thinking when he falsely informed his employer he had tested positive for COVID-19. Unfortunately for Mr. Davis, his fib landed him in some really hot water. Well, boiling water, actually. You see, the U.S. Attorney has filed a criminal complaint against Mr. Davis.

According to the complaint, Mr. Davis informed his employer he had tested positive for COVID-19. The employer requested a copy of Mr. Davis’s positive test result. Rather than providing the results (which we now know he could not), Mr. Davis emailed (this becomes important later, trust me) his employer an old-school doctor’s note. It didn’t take the employer long to deduce the note was a fraud. One big tipoff was probably his date of discharge, which was dated November of last year and didn’t make any mention of COVID-19.

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By the time the employer discovered the note was a fake; however, it had closed for one full day to conduct a thorough cleaning and ordered four employees quarantined. Prosecutors estimate the prank caused the employer over losses of at least $100,000. Because Mr. Davis used his email (see, I told you), he now faces charges of wire fraud.

I expect the feds will be cracking down on employees who lie about having COVID-19. And rightfully so, employers have experienced tremendous loss in the face of this pandemic trying to comply an ever-changing landscape of guidance. The last thing an employer needs is an employee submitting false documents. Not only does it result in substantial economic losses, it can potentially disrupt the workforce.

I will be watching this case to see what happens from here. And for those needing a day off, just say you have a cold, ok?



President Trump’s Immigration Order – What does it Mean?

Information on the president’s new immigration order.

Workplace Investigations in a Time of Social Distancing

Investigations during the pandemic create some challenges. Here are some suggestions.

I-9 Flexibility for Employers Due to COVID-19

Here is some guidance on I-9 compliance during the pandemic.

Considering Hiring a College Student as an Unpaid Intern this Summer?

Interns can make great additions to the workforce, but employers need to remind steadfast to avoid misclassificaiton issues.

Politics and the Workplace

Politics and the workplace make strange bedfellows.