Wrongful Termination Due To Covid-19 – What Do I Do?
Nov 24, 2020
The COVID-19 pandemic has forced many businesses to make hard decisions, leaving countless workers unclear of their rights and protections. If you’ve lost your job due to the coronavirus outbreak and suspect your termination may have been unlawful, contact the experienced wrongful discharge lawyers at Green Savits, LLC.
What Is Wrongful Discharge?
Although many companies have done their best to navigate the challenges of the coronavirus pandemic with the well-being of their employees in mind, others have chosen to scale back by unlawfully firing their employees.
In the United States, employment is generally “at-will”, meaning an employee can be fired at any time, with or without warning or reason. However, there are specific circumstances that may constitute wrongful termination.
What Constitutes Wrongful Discharge During COVID-19?
You may have grounds for a wrongful termination claim if you were fired for any of the following reasons:
- Obeying a stay-at-home/shelter-in-place order: You cannot be fired for following a state-mandated order to shelter-in-place. Contact our firm if your employer is requesting you to violate public policy.
- Taking medical leave: The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave to eligible employees to care for themselves or family members. An employer risks a wrongful discharge lawsuit if they fire you for taking family and medical leave.
- Bringing up safety concerns: The Occupational Safety and Health Act (OSHA) prohibits employers from discharging employees for filing a complaint about safety in the workplace. You may have a claim for wrongful termination if you were fired for voicing safety concerns.