Rowland Heights, CA asked in Employment Law and Workers' Compensation for California

Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

3 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Ventura, CA
  • Licensed in California

A: This is not a criminal case.

Good luck!

Hire an employment attorney.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

IT DOESN'T SOUND LIKE A CRIMINAL MATTER BUT POSSIBLY A NEGLIGENCE (CIVIL) MATTER IF AN EMPLOYEE CATCHES IT FROM HIM.

1 user found this answer helpful

Ina Shtukar
Ina Shtukar
Answered
  • Workers' Compensation Lawyer
  • ROCK HILL, SC

A: Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of his condition and disregarded the risk of infecting others, under NC law, your friend could potentially have what we call a "Woodson" cause of action against the employer for subjecting the employees to unjustifiable risk of harm. If your friend becomes sick, she would be able to assert a civil complaint outside of workers' comp system. Also, if this employer continues to allow sick employees to present for work despite their duty to quarantine, then your friend could probably quit her job and still get unemployment benefits due to unjustifiable risk created by the employer. Most states now have special COVID coverage for employees who are at high risk of contracting COVID. Check with your local employment/labor attorney.

1 user found this answer helpful

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