Page 76 - BusinessWest October 27, 2021

The following is a compilation of recent law- suits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.
Court Dockets
CHICOPEE DISTRICT COURT
New Castle Building Co., LLC d/b/a New Castle Building Products v. Thomas Kelliher a/k/a
Agenda
‘Rewire: Finding Purpose and
Fulfillment After Retirement’
Nov. 3: Due to popular demand, Holyoke Com- munity College (HCC) has added a second date this fall for its three-hour workshop focusing on life after retirement. “Rewire: Finding Purpose and Fulfillment After Retirement” will meet from 6 to 9 p.m. in the Kittredge Center for Business and Workforce Development on HCC’s main campus at 303 Homestead Ave. Many pre-retirees focus solely on their 401(k) and pension when decid-
Mandates
Continued from page 9
related to the pandemic, or just workforce-related issues,” she explained, adding that the overriding concern, beyond all the planning, logistics, and costs of meeting the new standards, regards the potential loss of valued employees at a time when workers are retiring and resigning at unprecedent- ed rates (see related story on page 61), and replac- ing them has been increasingly difficult.
“Whether you’re in manufacturing or in human services, or are a professional service,
Thomas M. Kelliher Jr. a/k/a Thomas M. Kelliher a/k/a Thomas Michael Kelliher d/b/a TK Home Improvement
Allegation: Breach of contract: $3,789.92
Filed: 9/16/21
HAMPDEN SUPERIOR COURT
Jeffrey C. Allard, M.D., individually and as man- ager of Manomednet, LLC v. Baystate Health Inc., Baystate Wing Hospital Corp., Baystate Medical Practices Inc., and Richard Hicks, M.D. Allegation: Breach of contract, breach of cov- enant of good faith and fair dealing, and tor- tious interference with contractual relations: $1,000,000
Filed: 9/24/21
ing when to retire but neglect to consider how they will find purpose and fulfillment in the next chapter of their lives. A person who retires at age 65 will be active for 20 years or more after leav- ing their full-time job. The workshop will explore ways retirees can fill those hours they have previ- ously devoted to their careers. It will offer a series of exercises and self-assessments, as well as time to reflect, brainstorm with others, and develop goals and a vision for this new chapter of life. Par- ticipants will also leave with an extensive list of resources to explore. To maintain safe social dis- tancing, space is limited, so advance registration is required. To register, visit hcc.edu/rewire, or call (413) 552-2500 for more information. The cost is $39. Masks are required in all HCC campus build-
She said there has been no clear guidance on that, but she speculates that, if the federal gov-
ernment issues a mandate and an employee is unwilling to comply with that mandate, then the employee would not be eligible to collect unem- ployment benefits.
But that’s just one of many questions that remain unanswered at this juncture, she said, add- ing that employers of all sizes are pondering how to get ready for these mandates, but also just how
William Crowley v. Capital Driver Leasing, LLC; Mark R. Warsofsky; James Burokas; and M&M Transport Co.
Allegation: Employment discrimination
Filed: 9/29/21
Cassandra D. Gisolfi as personal representative of the estate of Cathy Runquist v. Louis J. Dur- kin, M.D. and Mercy Inpatient Medical Associ- ates Inc.
Allegation: Medical malpractice, wrongful death: $14,658.20
Filed: 9/29/21
ings regardless of vaccination status.
City of Bright Nights Ball
Nov. 13: It will be “Cherry Blossoms Under the Moonlight” for the 2021 City of Bright Nights
Ball, when the event returns to MGM Springfield for the third time, Spirit of Springfield President Judy Matt announced. Eastman is the gala’s spon- sor, and Shawn Pace, Eastman’s Indian Orchard site manager, is the chair. Additional support
for the City of Bright Nights Ball is provided by MassMutual, which was the lead sponsor of the 2019 gala and will serve as this year’s Chairman’s
Agenda
Continued on page 80
audit every workplace, so there would probably have to be a complaint filed,” she went on, add- ing that, if an employee doesn’t want to get vacci- nated, he or she is unlikely to file a complaint that their employer is not in compliance.
Bottom Line
Like Royal and Gannon, Wise said she’s never seen anything quite like the vaccine mandates when it comes to the many ways they might
there is a general worker shortage and shortage of prospects,” Royal noted, adding that the mandates, especially the one regarding federal contracts (because there is no provision for testing, only required vaccination), will make a seri- ous problem that much worse.
“In my mind, this would be a risk that I, as a business owner, don’t think I’d be willing to take. But there’s a piece to this that says, ‘how am I going to get caught?’”
impact an employer.
“I’ve been in HR for more
than 40 years, and I can say that there’s been nothing like this,” she noted. “There’s been a lot of regulations and guide- lines that employers have to put in place — certain safety precautions, pay requirements,
Wise agreed. While she noted that
the vaccine mandates for those companies in the listed categories relieve employers from having to implement such a polarizing policy themselves, it does bring a new and unwanted layer of chal- lenge to the table, especially when it comes to workforce.
“They’re already hurting for staff as it is,” she told BusinessWest. “If they lose employees over this, that’s going to make it even harder for them to meet their customer demands and fulfill their orders.”
But there are other considerations, including the costs attached to all this and uncertainty over whether employers who don’t want to get vacci- nated or tested can become eligible for unemploy- ment benefits.
seriously to take them, especially since the T in ETS stands for temporary.
“Apparently, under OSHA guidelines, unless OSHA makes it permanent, within six months this ETS will expire,” she said, adding that some employers may roll the dice and try to wait this out.
Indeed, while there are steep fines attached
to the mandates — up to $13,653 per violation — Wise said some employers are wondering out loud just who is going to enforce all this.
“In my mind, this would be a risk that I, as a business owner, don’t think I’d be willing to take,” she told BusinessWest. “But there’s a piece to this that says, ‘how am I going to get caught?’
“OSHA isn’t going to be able to come in and
overtime laws — but there really hasn’t been any- thing that’s come down that has affected the indi- vidual and their bodies like this.”
Indeed, these measures are unprecedented in many respects, and they come at a time when beleaguered employers are already being chal- lenged in every way imaginable.
Only time will tell what happens next, but it’s clear that employers will have their mettle tested even further. u
George O’Brien can be reached at [email protected]
76 OCTOBER 27, 2021
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