Should employers be libel for forcing employees to drive in Level 1 State of Emergency ?

UPDATE 8:30 A.M. !! Markell imposes level 2 driving ban in Kent, NCCo

b. Level 2 Driving Restriction: A “Level 2 Driving Restriction” shall mean that no person shall operate a motor vehicle on Delaware roadways when a Level 2 Driving Restriction has been activated, except for persons designated as essential personnel including operators of snow removal equipment employed or contracted by a public or private entity. “Essential personnel” for purposes of this subsection shall mean those employees and/or personnel who are necessary to maintain the core functions of a government body or entity, and to maintain the health and safety of the people in Delaware by providing services provided by public utilities as defined in § 102(2) of Title 26, healthcare services, and food and fuel deliveries during a state of emergency, regardless of whether they are employed by a public or private entity. A waiver from a Level 2 Driving Restriction may be granted when a significant safety, health or business necessity is shown for issuing such a waiver. The Secretary of the Department of Safety and Homeland Security shall promulgate rules and regulations necessary to carry out the provisions of this subsection. An employer or entity which has not been granted a waiver shall not terminate, reprimand, discipline, or in any way commit any adverse employment action against an employee who, as a result of the activation of the a Level 2 Driving Restriction, fails or refuses to report to work during the pendency of the driving restriction. Any person or entity who violates an activated level 2 driving restriction under this subsection shall be in violation of § 4176D of Title 21.

Delaware Governor Jack Markell declared a Level 1 State of Emergency 

“According to state law, a “Level 1 Driving Warning” means that any person operating a motor vehicle on Delaware roadways must exercise extra caution. All nonessential employees, public and private, are encouraged not to operate a motor vehicle unless there is a significant safety, health or business reason to do so.”

My neighbor’s daughter works at one of those big home improvement stores and is being told to come to work unless the governor imposes a Level 2 State of Emergency. The girl is a nonessential employee, cashier. She was told if stop by the police to show he employee ID and that the company would pay any fines. However, in her Employee Handbook there is no such reference. Employer told he to do what she wants but they would be “disappointed” if she didn’t come to work.

Here we are in Delaware in the mist of a major blizzard and Governor Markell’s actions caters to business and profits putting lives of Delawareans second. If today were a weekday you can bet all nonessential state employees would not have to report to work.

Folks people need to stay off the fucking roads to allow Deldot crews full access to clear the roads. To allow Police and EMT to respond to emergencies not related to some ass wanting to joy-ride in the snow or some poor high school girl stranded on the road because her employer played the psychological card ” we’ll be disappointed in you”.

I am hoping by time I push the publish button on this blog post that Governor Markell declared a Level 2 State of Emergency.  As far as my neighbor’s daughter, if something happens to her I would expose the personal and address of her employer.    

to all reading this please be safe 

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One response to “Should employers be libel for forcing employees to drive in Level 1 State of Emergency ?

  1. I guess being on hand to tell the customers who didn’t prepare that the store is all sold out of ice melt and shovels is essential business… Stay home, honey.
    My husband is a true essential employee. He directs environmental services in a nursing home – a care facility that must run 24/7/365. He drove up to Wilmington two days ago to drop off our little car and borrow his father’s 30 year old suburban. Then he hit the grocery stores, BJ’s, the Tractor Supply store, checked the snow blower, ran the generator, and surprised me with a little electric heater to plug into the generator should we loose heat. This morning he packed up the shovels and melt into the suburban and by 6 am was making the slow trek into work where he’ll run the laundry and address the snow/ice/salt being trekked into the building by other essential personal. He’ll probably stay the night b/c the City of Wilmington is notorious for its failure to plow their own roads keeping his small team of employees from being able to make it into the facility.

    Yep, stay home, kid. Stay off the roads! Keep them clear for DelDot, for first responders, and for essential employees who have to travel them.

    Stay Home! Go Sleep in. Go sledding. Be a kid.

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