LAWSUITS ON THE RISE – Caveat Employers
Employee lawsuits are rising in California due to the new laws enacted related to the Coronavirus.
In California employment is “at will” (unless you are under a contract) and employers may terminate employees with or without a reason at anytime with or without notice.
However, during these unprecedented Covid 19 times, Employers must be particularly careful in how they treat employees.
A recent lawsuit brought by a pregnant worker who was laid off due to the Coronavirus claims she was replaced with a non-pregnant employee.
Other lawsuits claim the Employers violated the new Families First Coronavirus Response Act by failing to pay sick leave provided for under the Act for sick and/or quarantined individuals.A recent lawsuit was filed by an employee who was sent home and then laid off because he had a fever although he tested negative for Covid-19.
It is more than simply, “Is the employee performing as they should?”
Considerations like age, underlying medical conditions, children at home that require care, Covid-19 symptoms or illness must all be taken into account when making the decision to let an employee go.
Confused ? Need Assistance?
This becomes even more difficult if the Employer does not know the age or underlying medical conditions of the employee as employees still have the right to privacy.
Contact Liat Cohen,Esq. to guide you through before legal issues arise: 818.579.9996.
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