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COVID-19 Employment Law Questions & Answers
Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Employment Law for Ohio on
Q: In the state of Ohio, if your employer mandates tests and leaving work if positive for covid, can they then write you up

I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.

T. Augustus Claus
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answered on Feb 15, 2024

In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View More

3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can I sue for being placed on unpaid leave for not complying with a mask mandate?

I was placed on unpaid leave in 2020 for not complying with a mask mandate, I was forced to resign and find a new job. I am looking to see if I have any standing for a case.

T. Augustus Claus
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answered on Oct 11, 2023

In New Jersey, employers have the authority to enforce workplace safety measures, including mask mandates, especially during the COVID-19 pandemic to ensure a safe working environment. If you didn't comply with the mandate, the employer might have been within their rights to place you on... View More

3 Answers | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for California on
Q: The County of Los Angeles mandated their employees to be vaccinated during Covid, but never enforced the policy.

Do those of us who were vaccinated due to fear of termination have grounds for a lawsuit against the County of Los Angeles?

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2023

The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have legal protections after administrator interfered with hiring?

I was working for contract company in a nursing home. The administrator and nursing directors of the facility sent intimidating messages through my director to me because they didn’t like my required reporting of changes in patient conditions, which I am legally, ethically, and morally obligated... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Since you were laid off, and not fired for cause, you have standing to collect unemployment benefits from your former employer. You can apply for such benefits online through the Texas Workforce Commission website and most likely will not require the services of a lawyer.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I got covid, my employer gave my job away and never paid me. Today they want me to settle for $8000,Do I accept?

The Labor Commission employee, myself, HR lady, their lawyer had 2 hour meeting 12/22. For 8 months they haven't paid my vacation pay,sick pay, overtime,miles on my car,meal periods made to work,etc. Pay&penalties are $13,000 per Labor Com.office. They want me to settle today for $8000... View More

Maya L. Serkova
Maya L. Serkova
answered on Dec 26, 2022

Attorneys here will not call you just because you listed your number. You need to initiate contact.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial...
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1 Answer | Asked in Employment Law for Texas on
Q: I recently got demoted due to not able to fulfill all my duties at work due to long covid aftermath, so i resigned. is

I have been medically signpost with depression and many other health issues due to covid aftermath.

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

In the absence of a written employment agreement to the contrary, employment in Texas (and in most US states) is at-will. That means you can resign for almost any reason. It is almost certain that your former employer will not pursue any claims against you under the circumstances.

1 Answer | Asked in Employment Law for California on
Q: My employer is trying to force me to resign because I am not boosted when it wasn't a job requirement. Can I sue?

I recently got off the phone with someone from HR at my company and they told me that I need to get the booster or present a negative covid test every 72 hours if not I am will need to submit my resignation. The HR person told me that it is part of working at the company and not just at the... View More

Neil Pedersen
Neil Pedersen
answered on Oct 21, 2022

No one can force you to resign. Resignation is a voluntary act by you. However your employer can terminate you if you refuse to do what is required of you, including getting boosted. You would not have a meritorious legal claim if you are fired because you refused to follow the company's... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... View More

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3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... View More

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
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1 Answer | Asked in Employment Law for Washington on
Q: Can I take my boss to court?They continue to retaliate against me for medical issues even when they are excused by A DR

I’ve been with this company 2.5 years. I worked 5+ days a week with the “best” and busiest shift. Then, I got covid. My boss continued to harass me to leave my quarantine to buy an at home test even though I provided a positive covid test from the DR 1 day before. When I refused to leave my... View More

Brad S Kane
Brad S Kane
answered on Aug 12, 2022

It is illegal to retaliate against you for taking a protected medical leave, such as taking away your shifts or giving you less desirable shifts. If you have paid sick leave or your employer has at least 5 employees, your short term medical leave is likely protected.

1 Answer | Asked in Employment Law for California on
Q: Can i still collect covid 19 employee benefits for the time i worked for a company tested positive for covid

I was working for a company had tested positive for covid so was out of work for a week. I never collected my covid sick pay benefits. When i was well i decided not to go back to work for this company since my dr said i can easily catch it again working where i work. You see i worked for the dump... View More

Maya L. Serkova
Maya L. Serkova
answered on Aug 10, 2022

In theory, you may be eligible to collect your Covid sick pay retroactively; however, the exact answer will depend on the timeframe you worked for your former employer and whether your employer is subject to the 2022 COVID Supplemental Paid Sick Leave Law.

Covered employees in the public...
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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

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Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

I don't believe there is anything suspect about this procedure, more information could tip the scales. The EEOC has published guidance on this and on mandatory vaccinations.

I would be curious to hear what an infectious disease physician would say. But from my perspective, on the...
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1 Answer | Asked in Employment Law and Health Care Law for Illinois on
Q: Is there a place where I can file for monetary support while, I am unable to work while I am sick with covid .
Tim Akpinar
Tim Akpinar
answered on Jul 30, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. It could depend on your work situation, disability situation, financial eligibility for programs, and other possible factors. Employment law and disability law attorneys might have better insight into this - you... View More

1 Answer | Asked in Employment Law for California on
Q: I was fired for no call no show. It's been more than 72 hours and they haven't paid or mailed my check

I had covid but I didn't call in so I was terminated for no call no show on 7/26. I contacted my ex employer and was told that I could pick up my check on 8/1 or it would be mailed to me. Isn't there a 72 hour law that the employer must abide by

Brad S Kane
Brad S Kane
answered on Jul 29, 2022

Waiting time penalties accrue when you separate from your job. Your employer has to pay all wages the day you are terminated or within 3 days if you quit. For each day the employer is late, you are entitled to 1 days wages as a penalty up to a max of 30 days. The statute of limitations for waiting... View More

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for California on
Q: Covid Vaccine Mandate - Booster

I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... View More

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2022

You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Employer breaks OSHA laws, rules from employee handbook, plus bribes, threats etc. Do I have a case?

Employed at a franchisee owned chain restaurant for 3 years. I work 100+ hours per week, 7 days and at times it is with incorrect or missing OT pay. I work 12-16 hrs/day with no breaks and threats of termination if I call off. I have been bribed, threatened with termination, accused of stealing,... View More

Neil Pedersen
Neil Pedersen
answered on May 30, 2022

Your post suggests that you have multiple claims against your employer. If you wish to pursue those claims, you should locate and consult with an employment law attorney who can learn more about your situation and plot out your path.

As to OSHA violations you can report those directly to...
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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for A Jobs HR try to obtain personal doctor records for an employee?

Back in January of 2022 I got extremely sick from Covid. Which I got tested and I had a note from a doctor stating I can’t return until further notice. I wasn’t able to obtain my test results until almost a week later. When I called to get my results they told me they weren’t ready. HR had... View More

Neil Pedersen
Neil Pedersen
answered on Apr 28, 2022

Your employer is only allowed to know that your doctor is treating you, what restrictions you have, and what reasonable accommodations would address your condition. Your employer is not allowed to know anything else about your medical conditions or history, including your diagnosis, symptoms or... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I need to know who to contact about being fired for getting covid 19
Tim Akpinar
Tim Akpinar
answered on Mar 18, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. Who could you contact? You could reach out to an employment attorney on the termination issue. You could also reach out to a workers' comp attorney to discuss your job functions and how you contracted the... View More

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