Q: Can I sue my employer if they wont let me return to work due to covid.
I have a doctors note saying I can return to work after having covid for 2 weeks. My employer is making it very difficult to come back to work. Can I sue my employer if they refuse to let me back at work?
A: The answer to your question depends on many things, most importantly, the reason why you are not being allowed to return. If business conditions have changed and your job has been eliminated or some other legitimate business reason can be proved for not bringing you back other than the fact you took sick leave, then the employer can avoid liability. If you can prove the reason you were not invited back was the fact that you took sick leave, or because you had the virus, then you may well have a meritorious legal claim.
At this point the wise move would be to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Louis George Fazzi agrees with this answer
A: You were tested positive for CV and then got cleared by your MD. Now your employer won't let you back to work because they "perceive" you as a potential health hazard. The same thing happened to people who contracted HIV when it first became a global problem. The Law determined that they were protected from these arbitrary employment decisions by the ADA and Cal. FEHA, which both protect people who are "perceived by the employer to have a disability- whether they actually have one or not." This is one of the definitions for being Physically Disabled found in the FEHA in the Cal. Government Code. IMO, your employer is discriminating against you due to your perceived disability. Go to the Cal. DFEH website for more information about Physical Disability discrimination.
Contact a local attorney that represents people under the ADA and the Physically Disabled with employment disputes.
Justia disclaimers below, incorporated herein.
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.