Hialeah, FL asked in Employment Discrimination and Employment Law for Florida

Q: My job said if we don’t come in during the reopening process we won’t be allowed back to work when fully operational.

During the lockdown they took out a loan which approved 8 weeks of pay. Yesterday when asked to come in to help disinfect I notice many discrepancies where they aren’t following CDC Business Regulations for handling the phase 1-3 process with social distancing and keeping us staff safe (Nobody has PPE only gloves). I brought these up to our supervisor and he said if we don’t come in during the reopening process then I won’t be allowed back. I’ll be paid the remainder of the 6 of 8 weeks pay but afterwards I’ll be taken off payroll and dismissed if I don’t come in. It seems they don’t want to pay their employees without getting their “money’s worth” while putting us all at risk. Bringing all these concerns all I got back was “you guys are taking advantage of the situation,” rather than reassuring and letting me know of a plan to keep everyone safe during operations. Is there anything I can do on my end legally? Also we’re the only ones asked to come in while most of the staff is home.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Employment Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: This pandemic situation is very difficult for everyone involved, including your bosses who are at work on the job too. You are obviously one of the best employees--or else you would be sitting at home with the rest of the employees not asked to come in.

There is nothing "legal" you can do about this strange once-in-a-lifetime experience. I am advising all my clients and all askers here on Justia to be sure to realize that--when everything passes and gets back to normal--the owners of the company where you work will be deciding on who to keep on the payroll--as they downsize. Count you blessings.

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