Your current state is Ohio
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Due to Covid 19 and the advice from CA health board for people over 65 to stay home (I'm 67) I took vacation time at the end of March and then was furloughed until I received the call last Tuesday and the letter yesterday to say my employment ends today June 30th. I was part of a team of 11... View More 
answered on Jun 30, 2020
Sorry to hear about this situation. IMO proving up an age discrimination case based on a disparate selection of older employees during a lay off, is a difficult and drawn out task. There are attorneys that have great success in it and you need to seek out that kind of attorney. You should also... View More
I was laid off due to coronavirus in feb and got a better job during the time off. I was given my estimated start date but I am not going to Return to my original job. My employer is telling employees to resign/quit if they do not want to return. Is either in my best interest? I am enrolled in... View More
answered on Jun 23, 2020
If you have a new job lined up and do not have to worry about immediately qualifying for unemployment insurance benefits, then the main thing for you to consider is what you want future employers to know about how your employment ended. Quitting to move on to a better job is usually a good thing... View More
Never did I received a notice from my employer about my termination. All I got was a phone call from HR telling me that unfortunately they were letting me go. I worked there for 10 years, when covid 19 started I was was only working one or two days a week. On April 29 I got a message from HR saying... View More
answered on Jun 17, 2020
If you believe you can prove you were terminated because of your nationality then you would have a meritorious case. If you cannot prove that was the reason, then you probably have no legal claim to bring. Seniority over others is not something that gives you protection from layoff. It would be... View More
I was injured (non workers comp), and then furloughed due to the COVID pandemic. I'm still currently on disability and my employer has now laid me off. Does my employer have the right to lay me off while I'm on disability?
answered on Jun 10, 2020
In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation... View More
I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More
answered on Jun 9, 2020
It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More
I spoke up to my employer asking for documentation saying that I needed to get coronavirus tested and they were not able to give me no sort of paperwork saying it was mandatory since the argument that I had with my employer I have gotten coronavirus tested although I felt forced into it and with... View More
answered on Jun 8, 2020
Retaliation is not unlawful unless the action that triggered the retaliation was legally protected. Most forms of retaliation in the workplace are therefore not unlawful.
There is likely nothing unlawful about your employer forcing you to get tested as a form of fitness for duty... View More
I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... View More
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answered on May 26, 2020
Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs... View More
My employer said they are going to furlough all parttime employees and 1 full-time employee. They asked for volunteers. Another employee, with less seniority, volunteered. Then my employer told me that because of a previous medical condition I need a note from my doctor stating I am not a... View More
answered on May 12, 2020
While your employer can prevent you from coming to work if you've been diagnosed with COVID-19, it cannot treat you differently or require any further documentation from you based on any medical condition that could put you at greater risk for COVID-19. If your employer furloughs you instead... View More
Can the company i work for force us to used our pto . And used all of our pto for being out due to covid 19.
I was sent home from work cause of my symptoms, after being tested the firts time results came back incompleted.
I had to get retested and cleared to come back to work .... View More
answered on May 8, 2020
Under the new Families First Coronavirus Response Act, or FFCRA, most employers are required to give you 80 hours or 2 weeks paid under your circumstances. I would ask for this to be applied to that time, to be paid and have your pto restored. If they deny, you can contact the Department of... View More
The order states that those who are medically able to wear them must. But what about those who can't. Can they really tell us we can't work? Are stores really able to deny us access because we can not wear the mask because of a disability?
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answered on May 4, 2020
This is a difficult topic that does not have a clear "yes" or "no" answer. Overall, you should be allowed to make decisions for your own well being but in an employment setting, the employee doesn't have full control.
The logic behind the mask requirement is that... View More
I work for a large corporation that is considered essential through the pandemic shut downs. The company generously gave all employees an additional 80 hours of sick/personal time to cover any time off wanted or needed during the pandemic. If not used, the employee will be paid for those hours. It... View More
answered on Apr 29, 2020
Since your employer is a large corporation (500+ employees) and is considered an essential business, they are not legally required to offer any paid leave during this ongoing pandemic. Since there are no minimum standards here regarding how much paid leave employees are entitled to, your employer... View More
Legal question. My father in-law was terminated from employment on April 17th due to Covid (or discrimination that he has cancer). He was diagnosed with prostrate cancer in the fall of 2019 and scheduled surgery on March 23 that was canceled due to covid and re-scheduled to June 12th. He is now... View More
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answered on Apr 24, 2020
Employees in Connecticut are generally considered at-will employees, which means that either the employer or employee may terminate the employment relationship at any time for any reason or no reason. Absent a contractual or legal prohibition (i.e. a discriminatory purpose), including a collective... View More
Due to COVID-19 I chose to shelter in place due to an elder mother with health problems. My employer stayed open to the public, despite not being essential business. I do not feel its safe to return unless the governor lifts the shelter in place. will saying no be the same as quitting, despite that... View More
answered on Apr 23, 2020
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential government services may be clear for... View More
I am a receptionist for a privately owned dental office. I have been laid off for a couple weeks. The doctor has been going in by himself to treat emergencies only. He just got approved for the PPP loan and tells us today (Friday) that all his staff have to come back to work Monday or they will be... View More
answered on Apr 22, 2020
This is a tough situation. It sounds like your employer is a small employer (employs 50 or less employees). If that is the case, then the job protections set forth in the Families First Coronavirus Response Act may not apply to you. However, you may be protected under the Americans with... View More
answered on Apr 21, 2020
As you can understand this is a new area of law and we are all still learning. Center for Disease Control guidelines do now take precedence over Americans with Disability Act regulations. My concern here is your phrase "ask you to produce a test (result presumably) as opposed to making you... View More
I’ve been working from home since March 19th due to the safer at home order and have had NO contact with any other employees or the office. Nor will I have until at least May 15th. This past Wednesday 4/15 I came down with covid-like symptoms. Emailed my boss and told him I was sick and being... View More
answered on Apr 17, 2020
HIPPA laws do not apply to your employer. That law relates to the medical and insurance industries primarily. However other medical privacy rights do exist.
There is no question that asking you about medical test results is a violation of medical privacy rights. And telling others... View More
Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.
answered on Apr 8, 2020
You are not unemployed so you would not qualify for unemployment. The Family First Coronavirus Response Act provides for paid sick leave and paid medical leave for employers with less than 500 employees.
Generally, the Act provides that covered employers must provide to all employees:... View More
I am a widower and my son has special needs so I’m wondering about my rights
answered on Apr 1, 2020
This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... View More
On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... View More
answered on Mar 31, 2020
It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of... View More
On Thursday morning the staff had a meeting with the owners and we told thst starting Monday they would be shutdown until the 30th and they would go fro there he came back from lunch and they fired him The only reasons he gave was thst my husband had said something about the owners and that he... View More
answered on Mar 25, 2020
Kentucky is an at-will state. Therefore, as an employee, your husband can generally be fired for any reason at any time. There are very few exceptions. The COVID-19 crisis, alone, does not prevent an employer from being able to terminate an employee. You should contact an employment law... View More
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