Tuesday, May 12, 2020

Today's JG rant: Preening azzbags with zero skin in the game urge keeping the economy shut down


In his May 12 OpEd “State underplays risk of return” fear monger, Fran Quilgey, refers to the Chinese Virus, a disease 99.5% of us will survive, as a “perilous condition” and calls moves to reopen the state “reckless.” 

Quigley informs us that, “Indiana law is clear that unemployed workers are not required to accept offers of employment or reemployment if conditions are not ‘suitable.’ The law says a job is not suitable if it includes unacceptable risk to health and safety. Federal law, too, is clear that workers are not required to appear or remain at a workplace that poses a serious risk to health.”  So if someone can refuse work because of a virus that 99.5% of us will survive, what in the world does not represent a “risk to health and safety”?

Are Quigley and his doom saying ilk eating these days?  How did they get their food?  They didn’t come out from under the bed to engage in the “reckless” behavior of visiting the Kroger, a drive through or take advantage of a curbside food service did they?  My guess is that they did.  So seriously, can the conditions out there really be that “perilous”?

My guess is that Quigley hasn’t missed a payday.  He should donate any salary he has received since the governor unconstitutionally placed us all under house arrest to charity, and he should continue to donate every penny until the “perilous condition” is over by his own idiotic standard.  Only when this virtue signaling showoff and people like him are totally broke with at least two mortgage payments due, should anyone pay the least bit of attention them.

We know what groups truly are at perilous risk to the Wuhan Virus.  Rather than quarantining the healthy, maybe we should consider quarantining people who are sick and the people most at risk of actually succumbing to the disease while the rest of the world gets on with life.

What we do not need is hectoring from preening boobs like Quigley who have zero skin in the game.  Go broke, then tell us we don't need to go back to work.  

tuesday, May 12, 2020 1:00 am
State underplays risks of return
Right to refuse perilous conditions well-established
Fran Quigley
Gov. Eric Holcomb and his senior leadership team recently warned unemployed Hoosiers that they must return to their jobs or risk losing access to unemployment benefits, even if they believe going back to their workplace is unsafe. Those warnings misstate Indiana and federal law and could put thousands of Hoosiers at risk of sickness and even death.
“Claimants who have been placed on a temporary layoff related to COVID-19 must return to work if called back to remain eligible for benefits,” Indiana Department of Workforce Development commissioner Fred Payne said during one of the governor's daily news conferences.
“Getting the economy back on track is of paramount importance,” Holcomb said, adding that the state “can look into” getting involved if workers fear for their safety.
Yet the governor followed that vague promise by emphasizing that Indiana's economic recovery “requires every single Hoosier who has the ability to work to do so.”
As a matter of law, these statements are overbroad and misleading. As a matter of public safety, they are reckless.
These inaccurate warnings by our state's leaders may cause some Hoosier families to lose access to desperately needed benefits. Worse, they could cause Hoosiers to be exposed to unacceptable risks of infection for themselves, their loved ones and the community at large.
Indiana law is clear that unemployed workers are not required to accept offers of employment or reemployment if conditions are not “suitable.” The law says a job is not suitable if it includes unacceptable risk to health and safety. Federal law, too, is clear that workers are not required to appear or remain at a workplace that poses a serious risk to health.
Determining whether a work offer is suitable and whether a workplace is dangerous are complicated, fact-sensitive legal judgments. Decades of statutes and court decisions dictate that these judgments be made on a case-by-case basis, not in news conference pronouncements by politicians.
What about a Hoosier with a high risk of deadly COVID-19 complications, or their neighbor whose job is at a plant with close-quarters working conditions? Neither the governor nor his team are qualified to pronounce that these people will lose their unemployment benefits if they do not believe it is safe yet to return to the workplace.
From a public health perspective, these warnings are ill-advised policy at a time when still-lacking testing and rising infection rates mean that social distancing in Indiana is still a top priority. Keeping as many workers as possible out of dangerous, virus-spreading settings is one of the most important justifications for our current system of extended unemployment benefits.
Hoosiers who fear that returning to work endangers them or others have rights protected under the law, rights that free legal services agencies can help them enforce. That is the message Holcomb and his team should be delivering, not an ominous warning that could trigger widespread sickness and an extension of the pandemic.
Fran Quigley is director of the Health and Human Rights Clinic at Indiana University McKinney School of Law.


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