Coronavirus Employment Law

Employee lawyers are most likely able to offer contingency fee legal representation to employees effected by the Coronavirus if the employee has actually suffered from the Coronavirus. Contingency fee employee Coronavirus lawsuits are most likely to involve persons who were ill with the Coronavirus and fired from their jobs, or persons who can establish they were infected with the Coronavirus at work. Issues about how much an employee is owed under the Federal Families First Coronavirus laws are issues a contingency lawyer may not be able to get into especially during relevant stay at home orders which limit their ability to be fully staffed and functioning as attorneys.

Persons who suffer from the Coronavirus had a serious medical condition for which the California Family Rights Leave Act (CFRA) and Family Medical Leave Act (FMLA) cover. Not all employers are liable for the CFRA and FMLA. Only employees who have worked at the job for 1,250 hours or more within the last year, have been employed for a year, and work at an employer with 50 or more employees are eligible for CFRA/FMLA coverage. This means employees working at companies with only 15 employees, or employees who have only been employed for a month are not eligible for FMLA rights.

Employees who qualify for CFRA/FMLA protection at work are allowed to miss up to 12 weeks of work in a year. If an employee went out on leave due to having the Coronavirus, they are entitled to reinstatement at a comparable job with comparable pay. If the employer refuses to reinstate the employee because they once suffered from the Coronavirus the Family Medical Leave Act has been violated if it applies.

WORKERS COMPENSATION FOR EMPLOYEES WHO GOT THE CORONAVIRUS AT WORK

Employees who were infected with the Coronavirus at work should file for workers compensation benefits. If there was a large outbreak at the employer as has happened at several nursing homes, it may be easy to prove the infection happened at work. Like any other work injury case, a certain amount proof or probability must exist that the injury is a result of work. An experienced workers compensation lawyer knows how to prove workplace causation issues.

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IF YOU CONTRACTED THE CORONAVIRUS AT WORK

Workers compensation claims due to contracting the Coronavirus at work may result in the employee receiving larger amounts of disability pay than they would otherwise receive. If an employee suffers permanent lung damage, that is a permanent injury an employee can receive compensation for in the workers compensation system. The other benefit of filing a workers compensation claim due to Coronavirus exposure is your employer has to pay your medical bills if you are successful in your workers compensation claim. Medical bills associated with Coronavirus treatment and hospitalization are likely to be expensive. Even if an employee has health insurance there could be co-pays and deductibles.

CAN THE CORONAVIRUS CREATE A DISABILITY?

A certain number of Coronavirus patients will experience permanent lung damage. If an employee has lasting medical problems due to their infection with the Coronavirus they may have a disability under the law. Disabilities that receive protection under employee disability laws require a permanent condition or a long history of treatment. If an employee has a disability the employer must accommodate their leave of absence from work longer than if they have a mere serious medical condition under the Family Medical Leave Act. Additionally, there are greater rights concerning accommodations if an employee has a permanent disability.

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IF YOU BECAME DISABLED FROM WORKING DUE TO THE CORONAVIRUS

Since 1993, the Employment Lawyers Group has represented hundreds of employees who were disabled. Long term medical conditions created by the Coronavirus will receive the same level of protection as other disabilities. To read more about Fair Employment and Housing Act (FEHA) disability discrimination CLICK HERE

CORONAVIRUS WRONGFUL TERMINATION

In regard to the Coronavirus, the Employment Lawyers Group may take cases for wrongful termination other than for those employees who have a disability or are protected by the FMLA/CFRA.

What is unreasonable on the employer’s part will be decided on an objective standard. This means a reasonable person like the employee would find the safety practice unreasonable. However, issues are likely to exist concerning whether the employer is providing essential or non-essential services and how other employers in the industry are behaving. If an employee’s decision to not work is based upon a disability that may make them more susceptible to death if they contract the Coronavirus that is also a factor.

Deciding What May Constitute Wrongful Termination as the Conduct Relates to the Coronavirus is Best Made in Consultation with an Employment Lawyer
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UNPAID WAGES DUE TO THE CORONAVIRUS

Our contingency lawyers are taking cases for employees who were not paid all of their wages due to a Coronavirus layoff. We recommend employees give their employer a reasonable amount of time to pay their wages before suing. Due to a lack of staff, or inability to enter the workplace some employers may be slightly delayed in paying employees their wages. California Labor Code penalties relating to the untimely payment of wages at termination or resignation are based upon a willful failure to pay. Judges, arbitrators, and the Labor Commission may excuse or otherwise not enforce penalty provisions due to the inability of employers to access the workplace, inadequate staff, or third-party payroll companies who are not able to get out checks the same day. The mail may also be slow. These are unknown territories.

Unpaid wages for more than a week or two may merit contacting our wage lawyers at (818) 783-7300. We represent employees on an individual, group, or class basis for unpaid wages. We do not, however, take cases against bankrupt employers or employers who have gone out of business. In situations like that the Department of Labor Standards Enforcement (DLSE) has better resources to prosecute those kinds of claims and may be collect money from the employer.

CORONAVIRUS EMPLOYEE ISSUES
CONTINGENCY LAWYERS CANNOT HELP WITH