Johnsonville, SC asked in Workers' Compensation for South Carolina

Q: Can I be fired for refusing to do cleaning I consider a hazmat job during this coronavirus atmosphere? (guest's vomit)

I am on Worker's Comp working 21 hours a week. My job is housekeeping and a guest threw up all over her room. During coronavirus I consider this a hazmat clean up. My boss says I have to do it. Can they LEGALLY fire me for refusing to do it? I honestly can not, physically, bend and do this at all and I am also afraid as I contracted coronavirus at this hotel a few months ago. My boss had it and knew it and came in and never told me or anyone.

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1 Lawyer Answer
Jeffrey David Morris
Jeffrey David Morris
  • Workers' Compensation Lawyer
  • Murrells Inlet, SC
  • Licensed in South Carolina

A: In my opinion, they could possibly fire you so long as your work restrictions given by the treating physician were met when you were requested to perform this task. The coronavirus situation does not change the answer legally in my opinion. However, there is probably much more to the situation that would need to be reviewed for an actual answer. My answer is based on hiring and firing laws being very employer friendly in the State of South Carolina. You need to consult an SC workers compensation lawyer and have an in depth free consultation to get legal and confidential advice to your particular situation.

NOTE** This answer in no way constitutes legal advice and does not initiate the attorney client relationship. You would need to consult with a SC workers compensation attorney to further inquire about your specific situation.

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