Can an employer terminate you for refusing to gather metal grocery baskets in an open parking lot during a thunderstorm?
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Can an employer terminate you for refusing to gather metal grocery baskets in an open parking lot during a thunderstorm?
I asked the store manager if I would ever be required to gather baskets during a thunderstorm (lightening) storm, and I was told I would never be required to do that. Then I asked him would I have to do it if there were no baskets for customers, and that’s when he told me I would have to gather baskets even if it was lightening out side. I was also told that I would have to load up groceries for customers if they wanted me to help them while it was lightening outside, and if I refused it would be grounds for termination.
Asked on May 12, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you unfortunately can be terminated for refusing to go out in a thunderstorm. While an employer cannot ask you to do something too risky--e.g. scrap asbestos without training or safety gear--realistically, the chance of being hit by lightning is something like the chance of winning a lottery; while the upper atmosphere pyrotechnics are impressive, the actual risk is so miniscule as to be almost unmeasurable. Therefore, it is not reasonable for you to refuse to go out in a thunderstorm, especially when there is a clear business need (no baskets for customers). The employer would therefore be free to terminate you without any risk of an improper termination lawsuit or other potential liability.
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