What Can Your Employer Do– and Not Do– Due to Coronavirus

What your employer can and cannot do about the workplace because of the Coronavirus

Many people have lost their jobs or had their hours severely reduced because of the quarantine mandated because of the Coronavirus. Despite that, some people who have essential jobs such those in the medical field, continue to go to work just as they had before.
Nurses, doctors, grocery store workers, convenience story employees, and others do not have a “home from home” option like many office workers, teachers, and others.
If you have to report to the office or your store and cannot work from, you have reasonable expectations that your employer, boss, or manager, is doing everything they can to safeguard you and your co-workers.
Workers should support and employer’s efforts to balance and productivity at a time such as this. Workers should also remember that they have rights as an employee.
Those rights are outlined in the Americans with Disabilities Act. Those protections have been impacted by the Coronavirus pandemic and the Equal Employment Opportunity Commission issued an advisory a few years ago on how such a crisis could impact the ADA workplace protections.
Here are some of the important points:
* In this time of the possibility of a pandemic, when the possibility of an outbreak exists, employers may identify if there are workers who may be more susceptible to a virus, for instance anyone with evidence of a compromised immune system. Under normal circumstances, employers may not inquire about disabilities or require medical exams unless a medical condition poses a “direct threat” to the employee or others.
* When a pandemic exists, such as now, an employer has the right to require a “post-offer” physical exam or entering workers. The employer cannot rescind the offer if the exam reveals a medical condition that puts them at increased risk if there is a pandemic.
* In the case of a pandemic, an employer has the right to send employees home.
* During a pandemic, an employer has the right to ask workers if they have any virus symptoms. Those result must remain confidential. Employers also have the right take take a worker’s temperature.
* During a pandemic, an employer has the right to ask workers to wear protective gear such as face masks and gloves.
* In addition, when a worker returns from travel, the employer does not have to wait for that employee to show symptoms before asking about any asking about any potential exposures on the trip. This is for any trip, whether business-related or personal.
No one plans on getting sick, but if need to call the experts at the Ehline Law Firm APLC. All initial consultations are free. They answer the phone and, in some cases, they can cover your medical expenses upfront.

Can I Sue My Employer Over Coronavirus?

Can I sue my employer over the Coronavirus?

While the United States and the world battles the Coronavirus outbreak, some employees may become exposed to the virus during their work activities. It could be a nurse, home health aide, nurse practitioner, or any other position. Remember that your employer has to provide provide protection for you at all times including during this pandemic.
During this Coronavirus outbreak, remember that employers need to comply with the National Labor Relations Act, including the concerted activity protections that apply to non-unionized and unionized employers. Please note, any concerted activity designed to increase workplace safety would be protected. Please remember that non-unionized workers that join together cannot be disciplined or discriminated against based on protected concerted activity, which can include refusing to work for safety reasons or declining to work without a mask.
Any changes to the terms and conditions of employment of union-represented workers because of the outbreak could result in disputes with a union, unless employers contact unions in advance.
U.S. Surgeon General Jerome M. Adams has said that the general public to stop buying masks. He said saying masks are not needed to protect healthy people from the virus. Workers, though, might still want to be allowed to wear masks on the job.
If the employer nonetheless makes it clear he or she does not employees to wear masks and disciplines workers who do anyway, they may have a claim under the NLRA, officials said. Disagreements over whether enough personal protective equipment is being provided have been documented. Nurses in Washington state and California say they have had to beg for N95 masks which are thicker than surgical masks and can block out much smaller particles.
No one plans on getting sick, but if need to call the experts at the Ehline Law Firm APLC. All initial consultations are free. They answer the phone and, in some cases, they can cover your medical expenses upfront.

Main Office:

633 West 5th Street #2890
Los Angeles, CA 90071
Driving Directions >

Torrance and South Bay:

3961 CA-1
Torrance, CA 90505
(424) 999-PAIN
Driving Directions >
More Locations and Meeting Places >

ATTORNEY ADVERTISEMENT and Public Use information. Nothing here is intended to imply or infer that ELFPI can win or get a similar result in every case. Every case is unique, as is each person. No reasonable person could assume every case is win-able. The data on this website is generated by a member of the State Bar of California to provide general information and to answer the most frequently asked questions regarding tort law, and/or negligence claims. Parts herein contain attorney marketing information. Other parts do not. However, nothing on this website shall be construed as legal advice for any legal matter, or non-legal matter. Nor does anything on this website form a contract, or attorney-client alliance. (Read more.)

© 2019 Ehline Law Firm, Personal Injury Attorneys, A Professional Law Corporation. ALL RIGHTS RESERVED.