The coronavirus disease (COVID-19) is a respiratory disease caused by the SARS-CoV-2 virus. The COVID-19 outbreak has changed the work situations for and taken a terrible toll on hundreds of thousands of people in California. The COVID-19 outbreak may have affected you in many ways.
Employees who develop COVID-19 may become disabled because of COVID-19, especially those with an underlying condition (for instance, asthma, diabetes, or a heart condition.) COVID-19 is a physical disability. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on a disability. Discrimination can include any adverse employment action, including failure to hire, demotion, or termination of employment.
You should not be terminated because you requested an accommodation from your employer to work from home during the pandemic. In addition, if you suffer from an underlying condition that would increase your risk of becoming seriously ill from COVID-19 or if you cannot a wear protective mask or other personal protective equipment (PPE) at the workplace due to a medical condition such as chronic obstructive pulmonary disease, your employer should not deny your request to work from home due to the threat of exposure to COVID-19 unless your employer has determined that the request would cause an undue hardship. California Government Code § 12926(p); 2 California Code of Regulations § 11065(p)(2).
You should not be terminated because you or a loved one (e.g. a family member) developed COVID-19. You should not be terminated because you requested an accommodation because you or a loved one was at risk of becoming severely ill from exposure to COVID-19 through the workplace.
Further, your employer should not terminate you because they perceive you to have COVID-19 or they suspect you are associated with a person who has COVID-19.
Issues related with your job and COVID-19 are complicated.
Contact us if you have been terminated because you requested to work at home during the COVID-19 pandemic.
Contact us if you have been terminated because your employer knew that you had COVID-19.
Contact us if you have been terminated because your employer thought that you had COVID-19, even if you did not actually have COVID-19.
Contact us if you have been terminated because your employer knew that someone associated with you (e.g. a family member) had COVID-19.
Contact us if you have been terminated because your employer thought that someone associated with you (e.g. a family member) had COVID-19, even if that person did not actually have COVID-19.
Contact us if you have been terminated because you asked your employer for an accommodation, such as a leave of absence under the California Family Rights Act, because you were at risk of becoming severely ill from exposure to COVID-19 through the workplace.
Contact us if you have been terminated because you were required to wear gloves or other personal protective equipment (or were required to routinely clean and disinfect surfaces in the workplace) while working due to COVID-19, and you requested from your employer a reasonable accommodation such non-latex gloves or permission to use a different method to apply disinfectants in the workplace.
Contact us if you have been terminated because you complained that your privacy rights had been violated after your employer notified other employees (by identifying you by your name) that you had been quarantined, tested positive for COVID-19, or had come in contact with someone who had COVID-19. While employers are required to notify employees of a potential COVID-19 exposure under California Labor Code § 6409.6, to preserve employee privacy notices should not reveal the identity of the employee who contracted COVID-19.
Contact us if you have been terminated because your employer required its employees to be vaccinated and you objected to the vaccine on the basis of a sincerely held religious belief or practice (religious creed).
Contact us if you are an older worker and you have not been reinstated to your former job position after being laid off due to COVID-19 while younger workers with the same or similar job position have been reinstated.
Contact us if you work for an employer with more than 25 employees and you have been terminated because you requested or used COVID-19 supplemental paid sick leave. California Labor Code §§ 248.2, 248.3.
We Can Help if you have been terminated because you asked your employer for an accommodation, such as a leave of absence under the California Family Rights Act, because someone associated with you (e.g. a family member) was at risk of becoming severely ill from exposure to COVID-19 through the workplace.
Free Consultation Available With Kokozian Law Firm, APCIt is illegal for your employer to terminate your employment because you have COVID-19. If you believe that you were wrongfully terminated due to COVID-19 you should consult the experienced attorneys at the Kokozian Law Firm. We represent people throughout California. Contact us via our online form.