Port Saint Lucie, FL asked in Employment Discrimination for Florida

Q: Can an employer ask just you to produce a covid19 test if you and other co workers took a week off

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1 Lawyer Answer
Kevin Sanderson
Kevin Sanderson
Answered
  • Employment Law Lawyer
  • Sarasota , FL
  • Licensed in Florida

A: As you can understand this is a new area of law and we are all still learning. Center for Disease Control guidelines do now take precedence over Americans with Disability Act regulations. My concern here is your phrase "ask you to produce a test (result presumably) as opposed to making you take a test they have. If they are really asking you to go out and get tested and show them the results, and you cant because you can't find a test or cant get timely results, are you then fired? This seems like a defacto way to fire you. If you do lose this job tell unemployment they fired you, because it seems they did.

Charles M. Baron agrees with this answer

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