Q: I was fired from my job for lowering my face mask to get fresh air
I was outdoors walking from one building to another at my job and I was having difficulty breathing so I slightly lowered my face mask to get a breather. I have never refused to wear a face mask covering and it is not an issue for me to follow company policy. One of the lead mangers confronted me when he saw me getting fresh air and I told him that I'm outside and I needed a breather but he insisted to keep it on at all times. I told him we are outside and I can't breath and I told him to relax and get off my case because I didn't see this as a problem. He later emailed Human Resources about it and now I have been fired for getting a breathe of fresh air and slightly lowering a face mask. Human resources did not get my side of this incident and I think it's injustice to not provide a reason as to why I am being fired. Again I have never refused to wear a face mask
A:
You are an at will employee in California and can be terminated without notice or reason, EXCEPT you cannot be terminated for an illegal reason such as discriminating against you because you have a physical disability. Get a certificate from an MD stating you have respiratory issued and need to get some fresh air outside without a mask occasionally. Take it to HR and request reinstatement. If they deny you, file a complaint with the DFEH based on Physical disability discrimination. Hire an employment attorney and sue the company for discrimination and the manager for harassment based on PD. Good luck.
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