Q: Can I stay furloughed if I'm not feeling safe?

A: If you refuse to return to work, in most circumstances that would constitute either job abandonment or a legitimate reason for termination - both of which would disqualify you from further unemployment insurance benefits. As the economy is starting to open up again, there are some employers who are bringing employees back into the business even before customers are going to be invited into the business. Other businesses are thumbing their nose at national, state and local guidelines and reopening to the public.

If your employer is in the former category, you unquestionably are going to have to go back to work or face the consequences unless you fall into to categories I will explain. If your employer is in the latter category, it is far less clear that your employer can terminate you if you refuse when the employer is in violation of current government orders or guidelines.

If you or someone who you regularly care for has some underlying medical condition that makes you or them fall into the high risk category related to the virus, and if you get a doctor's note indicating your need to remain at home for some additional reasonably defined period of time, and then provide that note to your employer, you may be protected from an adverse employment action as the employer may well have a duty to reasonably accommodate your medical restriction.

If your employer is not complying with the CDC and/or County Health Department and/or state rules or guidelines for maintaining the safety of returning employees to the workplace, such as provision of proper PPE, or engaging in disinfectant protocols and social distancing rules at work, then you may well have an argument that if you are terminated for refusing to return because of your concerns about the virus that your termination was unlawful. This is one of those areas where there is no legal guidance specific to the situation, and there very well be other attorneys out there that would argue against this position. Generally the law requires employers to maintain a safe work environment, and this would be an extension of that general rule.

The same argument may be made regarding employers who force employees back to work in non-essential businesses contrary to the state's stay at home orders. That remains to be seen.

Good luck to you.