Q: I'm high risk for COVID. Boss says return to office instead of working remotely. Do I get unemployment if I get let go?
I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have stated that I will go into the office if needed for a specific duty.
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A:
Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs to support this request and specifically speak to it. I am an Illinois licensed attorney knowledgeable in federal laws related to reasonable accommodations for a disability.
If you get fired, you can claim you were fired in violation of federal law for simply asking for a reasonable accommodation for a disability. I am of course assuming that your "high risk for COVID" statement means you have a medical condition or disability that impacts you ability to perform your job, including the location of where you can do your job during COVID-19 concerns.
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