Q: Can my employer discipline me for going to get tested for COVID if I was in contact with someone who tested positive?
I was in contact with someone who tested positive for COVID, when I brought it to my employers attention they told me I could only go if I felt sick. And if I wanted to get tested I’d be disciplined and only if I tested positive I would be able to have that discipline removed.
A:
If you are disciplined or terminated for wanting to be tested after having been exposed, you may well have a claim for wrongful adverse employment action in violation of public policy. If that happens, 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.
A:
File an online complaint with the DFEH for discrimination and wrongful termination due to physical disability (which includes a perceived physical disability.) Covid is so new that having it or being perceived as having it has not been tested under the Physical disability laws, yes. But when you look at the overall effect on the country, it could very well be something that qualifies for all the protections, such as a reasonable accommodation. IMO your employer's rule that you cannot take time to get tested unless you feel sick is not acceptable. It means that you would have to go to the workplace when you are feeling sick and potentially spreading the disease to co workers. Of course you could have just gone into his office and coughed all over him before asking to go to get a test, I bet he would have called Uber for you. Truthfully, this guy sounds like a real jerk and you may be better off elsewhere, unless he was paying you a chunk of money.
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