Be cautious with discipline during pandemic: Juries will be sympathetic to essential workers.

Remind managers to pause (and/or run the idea by HR) before handing out discipline in the coming months.

That's because employees--especially those who work in close quarters and risk infection--will become very sympathetic plaintiffs if they decide to file legal claims, including whistleblower claims (see page 6).

Instead, continue to show concern for employee safety by providing as much protective equipment as possible and paying hazard pay or bonuses to workers on the front lines.

How NOT to respond? After employee walkouts at several Amazon facilities protesting virus-related working conditions, the company's heavy-handed response has generated ill will and bad press.

Chris Smalls, a worker at a New York City Amazon facility, was fired after he organized a protest. Amazon claims he violated a 14-day stay at home order to attend the protest.

The firing would...