Pub. 5 Issue 4

16 Issue 2 2020 S tep Five: Delicately Deal With Visitors Who Re- fuse t o Comply If you've taken all of the steps above and you still have a visi- tor who refuses to comply, what do you do? A clear policy and training are key. Share the exact phrase you want your employees to use when dealing with an anti-mask guest, such as, “If you will not wear the mask per our policy, I have been instructed to contact my manager who will need to discuss this with you.” If your frontline employee is unable to coax your guests or customers to comply, you should have a designated manager to handle the removal of a visitor. Do not ask or ex- pect a non-management employee to handle the removal of a noncompliant visitor, guest, or customer. Instead, encourage them to immediately involve a manager. That manager will need guidance on what your business wants to do if a guest or visitor becomes belligerent. The first step in such an unfortunate situation should be for the manager to meet the guest in a private location, share your policy, and, if applicable, the local/state ordinance or any acknowledgment the guest may have signed upon arrival or at the time of reservation. The manager should inform your visitor that they will be asked to leave if they continue to refuse to comply. If the guest does not cooperate, your manager should escort the individual to the exit and inform them that they are welcome to return if they comply with the policy or when the need for a mask is gone. Where applicable, your manager should offer to reschedule an appointment or reservation. It is always wise for your manager to avoid raising their voice and to refrain from physical contact. If the situation escalates, your manager should know to call on your own security person- nel or local authorities in the same manner you would handle a trespassing situation. Regardless of how the situation concludes, your manager should immediately document the incident in objective, non-emotional terms. They should be instructed to provide the documentation to key personnel (human resources, legal, etc.) as soon as possible, and your business should retain the report in the event you are required to later demonstrate what happened. C onclusion Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney or any member of our Post-Pan- demic Strategy Group Roster. You can also review our FP BE- YOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers and our FP Resource Center For Employers. 