State law forbids employers from firing workers for failing to get to work due to road closings

March 18--While this week's record-setting snowstorm forced several companies to close on Tuesday, some businesses stayed open -- including a small advertising agency on South Main Street in Wilkes-Barre.

Some employees for the agency were concerned that if they did not come to work in the weather conditions, they could lose their jobs, according to three sources who asked not to be identified.

Some of the employees said Jim Kelley, president of Advertising Outsourcing Services, told employees in a meeting that if they didn't make it in on Tuesday, they should not bother to come in the next day.

Kelley said nobody was fired and nobody was going to be fired. He said employees were offered hotel rooms that the company paid for, but not all were in walking distance.

He reserved some rooms at Genetti Hotel and Conference Center in Wilkes-Barre on Monday night. He said there were not enough rooms available because several performers from "Stomp" were staying there after their performances were rescheduled at the F.M. Kirby Center. As a result, Kelley said he got some employees rooms at Motel 6 in Wilkes-Barre Township, which is more than two miles away, and he drove them to work Tuesday morning in his four-wheel drive vehicle.

About 10 of 30 employees came to work that day for the company, he said. They ate at Asian Kitchen on South Main Street, which also was open, he said. He said the company paid for their rooms and meals.

"There were people who did not make it in and there was no punishment and no firings," Kelley said.

One source said he thought it was "unacceptable" that a small advertising agency would force its employees to "risk their lives" to come to work.

If large companies, chain restaurants and other local businesses closed for the sake of employee safety, then he said "a small ad agency should have followed suit."

Failure to Report

to Work law

A law called The Pennsylvania Employees' Failure to Report to Work During a State of Emergency Law states "an employer may not terminate or discipline an employee for failing to report to work due to a closure of roads in the county of the employer's place of business or the county of the employee's residence resulting from a state of emergency declared by the Pennsylvania governor."

Gov. Tom Wolf signed a "Proclamation of Disaster Emergency" for the significant winter snowstorm. While Wolf strongly encouraged motorists to delay travel and heed local road closures, the proclamation did not prohibit vehicular travel on state roads.

The City of Wilkes-Barre put a travel ban into effect Tuesday afternoon; the ban was lifted at 4 a.m. Wednesday. Travel was restricted to emergency personnel and responders only.

Kelley said by the time the travel ban went into effect, he had gotten employees rooms at Genetti Hotel and Conference Center.

In addition to a travel ban, Wilkes-Barre officials also declared Tuesday that a state of emergency was in effect, which gave the city the authority to hire contractors needed to help clear snow.

Wilkes-Barre attorney Barry Dyller said if there is a travel ban in place and if a company tells employees they must get to work and violate the law or be fired, it could be "very problematic."

If someone gets hurt, it could be a very significant problem for a company, he said.

"Most companies don't want their employees violating municipal laws," Dyller said. "To the extent that they actually fire people would be a major problem. People could get hurt trying to comply. Having vehicles on the road during a snow emergency blocks efforts to clean up and seems very irresponsible. It could block emergency vehicles."

Hospitals prepare for storm

In anticipation of the storm, arrangements were made at Wilkes-Barre General Hospital so that health care employees could stay at rooms in the hospital, said Todd Burda, assistant chief nursing officer.

About 50 people stayed overnight Tuesday, he said. Additionally, the National Guard was available to transport staff, he said.

The National Guard also was available to pick up people from their homes who work for Geisinger Wyoming Valley Medical Center in Plains Township, said Angelo Venditti, chief nursing officer for Geisinger Northeast. About 30 to 40 employees stayed in about 15 hotel rooms that Geisinger made available. Others stayed in hospital rooms, he said.

Some employees were not able to make it in to the hospitals, according to Burda and Venditti, and they are permitted to take the time off with pay in compliance with their benefits.

"Certainly this was an extraordinary event and the hospital is understanding in situations like this," Venditti said. "The last thing we want to do is create an environment where people think if they don't come in, they could lose their jobs and God forbid, get in an accident on the way here. We are in favor of keeping employees safe versus trying to push people to drive when they don't feel safe."

Recouping losses

While some businesses stayed open, those that were forced to close Tuesday and again on Wednesday suffered losses.

A company could try to make a claim to recoup losses if it has business interruption insurance but it depends on the language in the policy, said George Shadie, a local financial services representative for New York Life Insurance Company. Most policies exclude acts of God like blizzards, he said.

"It depends on the language in the policy," Shadie said. "The best advice I could give is to give their agent a call who handles their insurance and ask."

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