Laws that may apply if COVID makes an employee feel unsafe returning to workThe employee should carefully consider what accommodations may be needed forsuitableprotective measures, for example, reduced staffing, temperature taking and Plexiglas barriers. The employer should carefully consider each employee’s request. For instance, telecommuting may be a reasonable accommodation, in some cases.
A doctor’s note stating that work from home is advised for the employee, may need to be put in place due to one or more disabilities.
If the employer doesn’t allow a reasonable accommodation for a disability, the employee may quit and claim they were constructively discharged. A constructive discharge refers to a resignation being treated as a termination when the working conditions become intolerable to an extent that the employee feels compelled to resign.
An employee may quit and prove they were constructively discharged, if a doctor states that the employee’s life is in serious danger by returning to work and a reasonable accommodation can be given to minimize or avoid the risk.
If an employee is retaliated against because they raised concerns about their own safety or the safety of other employees, they may claim unlawful retaliation under federal and Arizona OSHA laws.
An employee may be able to take 12 weeks of unpaid leave under FMLA if they meet the criteria.
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Families First Corona Virus Relief Act (FFCRA)
An employee may qualify for paid leave under the FFCRA.
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National Labor Relations Act (NLRA)
The NLRA states that employees in the private sector can complain about their wages, hours, or working conditions. But such complaints are only protected if made on behalf of two or more employees. The employee may state that they are raising the concern on behalf of other employees, even if they have never spoken with another employee about their concerns.
If retaliated against, the employee could submit a claim to the National Labor Relations Board within 180 days from any act of retaliation.
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Labor Management Relations Act (LMRA)
The LMRA states that an employee can claim wrongful termination if forced to quit because they believe in good faith the working conditions are “abnormally dangerous.”
In Arizona, employees may also have protections under wrongful termination which states that an Arizona employer cannot terminate an employee because they reported violations of an Arizona statute or regulation. Such an employee may have protections as a whistleblower if they are fired for making such complaints. This is applicable even when the employee raises concerns about the safety of non-employees, like customers.
If the employer doesn’t act, the employee could send a constructive discharge notice along with their concerns in writing. Under Arizona law, the employee must allow the employer 15 days to address their concerns. Since the constructive discharge notice needs to comply with all statutory requirements, it is recommended to seek the help of an employment lawyer to draft it.
An employee also hasthe right to paid leave under Arizona's paid sick time law. This law allows an employee to take leavefor preventative or diagnostic care as well as any physical or mental condition. So, an employee can take leave if they are experiencing anxiety or depression. If the employee is retaliated against for having taken or requested paid leave, the employer may faceserious consequences.
Each of these laws has its own specifications. Since the laws are complex, and both employers and employees may need legal help.
To learn more, consult one of the leading employment lawand wrongful termination 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.
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