Posted June 15, 2020
As much of the nation reopens, many nonessential employees are beginning to return to work after months of remote operations or even layoffs. However, for those who have been able to work from home since the onset of the novel coronavirus, they may have fears about returning to work. And, in some cases, may feel it is not safe to return to their normal business operations. However, when the fear of termination lingers, United States employees may wonder what their rights are.
If you were terminated because you did not return to work:
For those employees who are at risk, or live with someone who is predisposed to COVID-19 contagions, the fear of being retaliated against because you do not feel comfortable returning to work is very real.
However, it is illegal for your employer to fire you because you bring up that you feel unsafe because of inadequate working conditions due to a lack of protective gear. In addition, the U.S. Department of Labor’s Wage and Hour Division, “encourages employers to be accommodating and flexible with workers impacted by government-imposed quarantines.” This can include alternative work arrangements, such as teleworking, and additional paid time off to such employees.
Further, if you were utilizing the Family Medical Leave Act (FMLA) you are entitled to twelve workweeks of leave in a 12-month period:
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job.
Under the law, you cannot be terminated for utilizing FMLA or reporting unsafe conditions.
If you were terminated because of a discriminatory reason:
If you believe you were fired as a result of discrimination, you also may have a wrongful termination claim.
Such discriminatory actions include:
- You were fired because of a disability protected by the Americans with Disabilities Act;
- You were unfairly targeted and dismissed during COVID-19 outbreaks because of your nationality, race, or ethnic identity;
- Or, you were fired or terminated because you are a woman, pregnant, or a member of another protected class
Thousands of families across the nation fear being unable to provide for their families due to wrongful termination during this uneasy time.
Contact the COVID-19 Wrongful Termination Attorneys Today
If you believe you were wrongfully terminated during the COVID-19 pandemic due to the inability to come into work, usage of FMLA, or because of discriminatory practices, contact us today. We have wrongful termination attorneys all over the nation waiting to take your case.
Posted in Employee Rights.