Employee Rights During the Coronavirus Pandemic
Employers all over the US are struggling to cope with the unprecedented wave of challenges presented by the COVID-19 pandemic. Also, many employers have not been following the newly implemented laws regarding the safety of employees, or have been laying off workers. Many new cases have arisen from employers unlawfully firing employees, or not providing legally required PPE. If you have been laid off of work due to the COVID-19 outbreak, you may have the right to sue your employer, and in some instances, even get your job back. Here’s everything you need to know about employee rights during the coronavirus pandemic.
Safety In the Workplace
Due to the novel coronavirus, personal protective equipment (PPE) has become a necessity in most workplaces. Now, millions of employees are wondering whether or not they will be given access to PPE from their employer to protect themselves and others from the virus. Thankfully, OSHA, as well as the CDC, have announced guidelines that employers must follow in order to protect themselves and their employees from contracting the virus. OSHA has provided new guidelines for employers to follow, as well as different subsections in which each employer must follow. The guidelines are as follows:
Jobs with a ‘very high risk’ of exposure:
- Healthcare workers who perform aerosol generated medical procedures
- Laboratory workers who handle and collect COVID-19 specimens
- Morgue workers performing autopsies
Jobs with a ‘high risk’ of exposure:
- Healthcare delivery and support staff (nurses or any other medical personnel who work around COVID-19 patients)
- Medical transport workers
- Mortuary workers performing cremations and burials
These workers are meant to be given significant protection, which includes N95 face masks, N95 surgical masks, gloves, or even an isolation gown (to protect against blood / liquid splatter against clothes). Employees in the higher risk criteria are required by law to be given protective equipment when working near COVID-19 patients or specimens.
Jobs with a ‘medium risk’ of exposure:
Workers that are at a ‘medium’ risk of exposure are employees that require frequent and close contact to the general public. These jobs include retail workers, delivery services, teachers, and any other jobs that require close contact. OSHA has required employers who own these types of businesses to provide some sort of protection for their employees.
Every job situation is different; some employers might require you to wear gloves and a face mask, while others could just require you to wear gloves. For example, a bank teller would be entitled to a glass barrier placed in front of them and gloves to wear, but may not be entitled to a face mask. What your employer’s legal obligations are regarding protective equipment will be entirely based upon the circumstances in where you work.
Jobs with a ‘low risk’ of exposure:
According to OSHA, employees at ‘low’ risk of exposure are accountants, farmers, web developers, writers, and many other jobs that naturally practice social distancing. In these cases, workers will not be entitled to any PPE. According to the CDC, social distancing and frequent cleaning of the workplace would be sufficient enough to protect against spreading or contracting the virus.
Can I refuse to work during the coronavirus pandemic?
You can refuse to work during the coronavirus pandemic if you can prove that you or your health are in imminent danger. A person who believes that their workplace has inadequate safety precautions must first attempt to speak to their boss. If their boss does not take subsequent health measures, the employee may file a complaint with OSHA.
California law protects workers from being fired or chastised for filing a complaint. For example, if you are in a workplace that requires PPE of any kind and the employer does not provide you with any kind, you have the right to refuse to work due to imminent danger. Likewise, you cannot be fired or chastised for refusing to work, or the employer may be sued.
What can I do if I was fired during the coronavirus pandemic?
If you were fired for complaining against hazardous working conditions, you may have a valid claim for wrongful termination. In some cases, a worker may complain to their boss, but their boss will ignore their complaints. Would the employee be legally allowed to refuse to work? It depends on the circumstances of the working conditions.
A worker would have to prove that they are in imminent danger and that they believe they are in harm’s way if they continue to work in the same environment. Whether these criteria are met is dependent on where a person works and the conditions they were subjected to. For example, a nurse who is currently working but is not given any PPE would have a better claim than someone who works in an office and is able to practice social distancing measures.
Can I be fired for taking time off during the coronavirus pandemic?
California Labor Laws bar employers from firing employees for taking time off, whether it be paid or unpaid leave. This is especially true during the coronavirus pandemic. California law provides full and part-time workers with at least three days of paid sick leave annually, protecting employee rights. Workers in Los Angeles are eligible for six days per year. The Family and Medical Care Act (FMLA) allows for 12 weeks per year of unpaid leave. Since the coronavirus pandemic, the limit has increased to 39 weeks. If a worker is required to come to work during the stay-at-home order, the employer will face a lawsuit. People who have disabilities and cannot come to work due to underlying health issues also cannot be forced to come into work. Termination of these workers could be in violation of employee rights and result in a lawsuit against the employer.
Contact Pride Legal
If you or a loved one is a victim of wrongful termination during the coronavirus pandemic, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.`
