Q: Can an employer demand that their employee not work as a firefighter because of COVID-19 concerns?
My sister lives in a small town in upstate NY. She works at a bank and has been a volunteer firefighter (most of the department is volunteer) for years (long before she got the job at the bank). Her boss at the bank has said she is not allowed to go on fire calls anymore because of fears she may bring the virus to the bank, despite the fact that she is covered in gear from head to toe AND using PPE. Basically, her bank boss is telling her she cannot continue to be a first responder. Is that even legal? Given the circumstances, I would think first responders trump bankers. Can she be fired over this? If she is, does she have any recourse? At the very least, would she be eligible for unemployment under NY law?
A:
Sounds ridiculous. I hope the bank demands that everyone including customers and employees wear masks. I believe that is now mandatory in retail establishments. And even if it were not any reasonable employer would require employees and customers to wear face covering today.
If the bank fires or does not pay her for being a first responder then she should qualify for unemployment benefits and should almost certainly be brought back to work when or if this ends. If she qualified for even $1 of state unemployment benefits she should receive the full $600 a week of federal unemployment benefits for no later than July 26, 2020 when the COVID unemployment benefits will end.
Good luck. Sounds like her priorities are in order while the bank has much to learn. If her gender played any part in how the bank is treating her she might have a gender discrimination claim down the road and should call us. We represent clients statewide, some we never meet in person, and COVID-19 is likely to make that standard operating procedure for many of us. Thank you for your public service!!!
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