Pittsburgh, PA asked in Employment Discrimination and Employment Law for Ohio

Q: I faced discrimination and got fired while having covid do I have a case

I started a new job Jan 3rd and had faced multiple comments from my boss about me bieng left handed all of witch are video recorded on cameras that have sound but would require a warrant to get I tested positive for covid on the 19th and my boss said that I would be out for 10 days I called in multiple times and even called him at home and could never reach him I called him on day 6 of the 10 days to see if I needed a negative test to return to work and was told I'd be better off to come and get my last paycheck on Monday that it wasn't working out . My question is of I actually have a case or not cause if I had known I was fired the 19th when I told him I tested positive I could have been putting applications in and already had my waiting week in for unemployment so it really set me back greatly and now my bills are going to be late and I can't get the stickers for my car by the 5th without incurring debt or borrowing money

1 Lawyer Answer
Rebecca Hill
Rebecca Hill
  • Employment Law Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Under both Federal and Ohio it is unlawful for employers to discriminate against employees based on their membership in a "protected class" such as their gender, race, religion, nationality ect. Being left or right handed is not a "protected class." Although your employer's treatment of you for being left handed was unfair, it was not unlawful.

The Families First Coronavirus Response Act, which required certain employers to provide employees with Covid related leave from work, expired in December of 2020. You were not employed with your employer long enough to be covered by the Family Medical Leave Act. That means your leave from work because of Covid was likely unprotected leave and your employer was permitted to terminate your employment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.