Know Your Rights: Our Employment Attorney in Los Angeles Can Help You
Most states have relaxed COVID-19 rules, while others have fully reopened. This has led most employers to start calling their employees back to work.
However, some employees, such as those working remotely and recently furloughed individuals, are still hesitant to return. For employees whose employment was terminated prematurely, hiring a Los Angeles unemployment lawyer can help secure justice.
Many people are getting benefits that they didn’t have while working. For such people, the option of returning to work will reduce their income significantly. Other employees are reluctant to go back because they fear getting infected by COVID-19 by colleagues at the workplace. Another group of people not ready to go back to work are those with pre-existing medical conditions. Health complications put them at a higher risk of hospitalization if they contract the virus.
But–can your employer force you to return to work during the pandemic?
Several factors can help one argue their case in a situation where they are forced to return to in-office work by an employer. In addition, employees will need a good Los Angeles workplace lawyer if they get dismissed for refusing to work during COVID-19.
Essential Employees
Every state has its own rules describing who essential employees are. Fourteen categories of services or employees are considered essential, although some states have added more to this category. Examples of essential workers include:
- First responders
- Health workers
- Agricultural employees
- Critical manufactures
- Restaurant employees
- Sanitization services
The group of employees listed above, among others, have no choice but to report to work when their employers call upon them. They can only be exempted if they are sick or have tested positive for COVID-19.
An Existing Contract
The other important thing to note is that an employer can demand you return to work during COVID-19 even if you are not an essential worker. It typically happens when local businesses have reopened in states that have at-will laws, such as Illinois. You should also try to get more clarification from an employment attorney in Los Angeles. They will advise you on the steps to take if an employee was fired for refusing to work because of coronavirus.
If an Employee is Sick or Has Come in Contact With a COVID-19 Patient
If you exhibit symptoms or have come in contact with an infected person, your employer has a right to have you examined to determine if you are fit to work or not. If it is found that your health is perfect and that you don’t have any COVID-19 symptoms, then your employer can force you to work.
When Caring For a COVID-19 Patient
The Families First Coronavirus Response Act (FFCRA) gives extended leave for people working for companies with 500 or fewer employees. It means that if you have a child out of school because of the effects of COVID-19 and you want them taken care of, then the FFCRA act gives you ample time to find help. Additionally, the law also demands that the affected employee or the person cared for be provided with a leave allowance.
High-Risk People or People With a Disability
If a person is disabled under the Americans with Disability Act (ADA), they are entitled to certain exceptions, such as permission to work remotely. In addition, if a person has a post-traumatic disorder and the fear of contracting coronavirus can exacerbate the condition, an employer will be forced to allow the individual to work from home.
If you are working for an employer covered by the Family and Medical Leave Act (FMLA), you qualify for leave–provided you have worked for them for more than a year, or you have an underlying health condition.
What if You Are Wrongfully Terminated From Work?
If your employer dismisses you from employment and you have a binding contract, you can sue them for damages or reinstatement. However, you will need a highly experienced wrongful termination attorney from Mann & Elias to increase the chances of winning the case.
In a nutshell, the COVID-19 pandemic has brought about numerous challenges in almost every aspect of life. One of the most affected areas is the employment sector. Most employers have been left confused about how to handle employees who cannot report back to work. The best option is for employers and employees to negotiate and arrive at an amicable solution. If push comes to shove and your employer decides to terminate your employment contract unceremoniously, all you can do is to seek the services of a LA employment lawyer.