Q: My wife is a paralegal, and her boss is making them work. If they get sick what can we do? Sue?
My wife is a paralegal at a firm dealing in civil medical lawsuits. The courts here are closed but the clerk's office is accepting filings. Her boss asked for volunteers and when no one did they scheduled them anyway. People with kids were allowed to stay home. If my wife or others there get sick because of this what are their options?
A:
If they get sick, they go on medical leave. It is that simple. While she might try to file a workers compensation claim, there is great debate whether an employee can prove workplace causation so there is no guarantee she could prevail on that claim. Much remains to be seen about how the law will develop in that area.
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them regarding how to interpret it. What does and does not fall into one of the 16 essential services are clear for some industries and very unclear for others. And attorneys advising those employers and employees cannot know for sure how the law is going to develop in this area. This is all so new.
Ultimately you have to make personal decisions that are best for you and your loved ones. If that means leaving your job to shelter in place, then you have to do that, especially if you or any close loved ones are in the high risk category. If ultimately it is determined that the employer was violating the Order and it retaliates against an employee for following the Order, there may be a claim for wrongful termination. Again, that remains to be seen.
Good luck and stay safe.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
