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

Related Topics:
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

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.