Buffalo, NY asked in Employment Law and Employment Discrimination for New York

Q: I was terminated on the day that I was supposed to start due to me refusing to go to work with COVID like symptoms.

I told them I would get tested tomorrow and they called me today and told me not to bother coming back. I believe this is extremely negligent because If I went to work and turned out to have COVID I could infect numerous amounts of people. So how can I get punished for protecting me and others. I want to know if This could potentially be a case because I do not think it is fair to be terminated just because I was following the guidelines of potential COVID cases

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: Did you recently travel outside New York? Was it to a state which is out of control with COVID? You might have a claim if you did not potentially increase risks of contracting it.

Jacob David Verchereau
Jacob David Verchereau
Answered
  • Employment Law Lawyer
  • Albany, NY
  • Licensed in New York

A: You were likely entitled to emergency sick leave pursuant to the Families First Coronavirus Response Act (FFCRA). If you were terminated because you were experiencing symptoms and seeking a medical diagnosis, you may have a legal claim against your employer.

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