Articles Posted in Employment Law

In the early stages of the pandemic, it was up to the employees themselves to keep track of Covid-19 cases. Now, it is the  employers’ turn to let their employees know about the coronavirus, thanks to a California law. The Governor passed AB 685 on September 17, 2020.  It went into effect on January 1, 2021 and expires on January 1, 2023. This law requires employers to give specific notices about Covid-19 in the workplace.

 Notice Requirements for COVID-19 the workplace

California employers must provide their employees with written notice within 1 business day of getting notification of potential exposure of Covid-19. All employees (and employers of any subcontracted employees) who were at the common worksite as the worker who was diagnosed with Covid-19 during the infectious period must be notified.

Most employment is considered “at will.” This means that employees can be fired at any time without any warning and with no cause. However, there are times when your employer dismisses you that are illegal and are considered wrongful termination. The Covid-19 pandemic has highlighted some of these unlawful ways to get rid of employees. Here are categories for such examples:

Discrimination

An example of discrimination that occurs during the Coronavirus pandemic often involves persons with disabilities. You could be legally protected under the Americans with Disabilities Act (ADA) if you have a condition that makes it unsafe for you to go to work at your normal worksite because it makes you more vulnerable to getting Covid-19. If you requested an accommodation that would allow you to work remotely or in a way to minimize your risk rather than the worksite, but you were fired instead, that could be illegal. If your accommodation was reasonable (wouldn’t cause undue hardship or interfere with your ability to do your job), then you might have a claim for wrongful termination.