Employee Rights during the Pandemic

Businesses across United States are preparing for the re-opening of the economy, but carelessly put together plans to call back employees could open the floodgates to discrimination claims.

Many employers are deliberating whether they should bring their workers back in waves. While it may seem safer to let older workers or employees with compromised immune systems work from home longer than other employees, the employer could accidentally get itself into trouble. Businesses have to use benign criteria to decide who to call back to work. Employers can use criteria that don’t invoke protected characteristicsbut they can’t bring back workers based on things like pregnancy, age and disability.

In addition, some employees may feel uncomfortable showing up at the office, and may be worrying if their employer can force them to show up.

While an employer technically cannot force an employee to do anything, the employer still can separate that worker, lay them off and bring back another furloughed worker or hire a replacement. But we must remember that federal law requires all employers to provide safe work places.

In the state of Arizona, if an employee resigns voluntarily, theyare not eligible for unemployment, but expanded unemployment compensation benefits during the pandemic could protect claims for employees, who do not feel safe returning to their work environment.

If they stay at home for a genuine concern and their employer terminates their employment for not showing up at office, they may still be able to maintain their unemployment compensation. However, they need to check with the Department of Economic Security to see whether their concerns are at a level that will enable them to do that.

Employees with safety concerns can file complaints with OSHA (Occupational Safety and Health Administration). Workers have the right to a workplace "free of known health and safety standards." Employers are required to provide required safety gear to the employees, see copies of the workplace injury and illness log, and review records of work-related injuries and illnesses.

If you are worried about being forced back to work or your rights as an employee, or you believe you have been a victim of discrimination, it is advisable that you consult an experienced employment law attorney to protect your rights. Law can be complex to navigate and it makes sense to have a legal expert, who specializes in employment law and discrimination, on your side.

To learn more, consult one of the leading employment law, workplace discrimination and workplace harassment lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.

About This Author

EmployeeLawoffice Joined: November 19th, 2019