Phillips & Associates

Can My Employer Fire Me if I Feel Uncomfortable at Work Due to COVID-19?

New York City Lawyers Representing Employees

Attorney Bryan Arce

Bryan Arce
barce@tpglaws.com
New York Office
45 Broadway #430
New York, NY 10006
Phone: (212) 248-7431
Fax: (212) 901-2107

Various measures have been put into place to protect workers during COVID-19. Employers are required to take safety and health measures when allowing workers to come back on site. This includes providing face coverings, requiring social distancing, making handwashing and sanitizing stations available, and ensuring frequent cleaning and disinfection. Even if your employer is taking these precautions, you may find yourself worried and uncomfortable in the workplace. If you are wondering whether your employer can fire you because you are uncomfortable at work due to COVID-19, you should discuss your situation with the New York City wrongful termination lawyers at Phillips & Associates.

Can My Employer Fire Me if I Feel Uncomfortable at Work Due to COVID-19?

Employment is at-will in New York. This means that your employer can terminate you for reasons that you find arbitrary or unfair. Your employer does not need to have a reason for terminating you. Likewise, you can choose to leave your employer for any reason. However, your employer cannot terminate you for reasons that are discriminatory or retaliatory. Your employer cannot terminate you because you have a protected characteristic, such as race, national origin, disability, gender, religion, or age. For example, your employer cannot terminate you because you are Asian-American, and your employer associates Asian-American people with the coronavirus. Additionally, your employer cannot terminate you because you requested reasonable accommodations at work for a disability.

Although your employer can terminate you if you refuse to follow workplace safety and health rules, it cannot enforce those rules in a discriminatory fashion.

Retaliation

If you are uncomfortable at work because your employer is not taking appropriate coronavirus precautions or following laws, you are entitled to bring this up with your employer. The New York Whistleblower Law prohibits your employer from terminating or taking another retaliatory action against you because you disclosed to your supervisor or a public body that your employer is engaged in an illegal activity, practice, or policy that poses a substantial and particular danger to public health or safety. To receive protection under the whistleblower law, you must not only disclose the illegal activity, policy, or practice to a public body but also bring it to the attention of your supervisor. Your employer should provide a reasonable opportunity to correct the situation.

Working From Home

In general, there is no right to work from home and employers may set the terms of your employment. However, if you are pregnant, or have an underlying disability that puts you at high risk for severe illness during COVID-19, you may be able to obtain the option of working from home as a reasonable accommodation. Each situation is different. Your employer does not need to provide this accommodation if it would pose an undue hardship on it. On the other hand, your employer cannot force specific people to work from home because of a perceived or actual disability. This could be construed as discrimination; an adverse employment action based on that person's disability.

The Families First Coronavirus Response Act

If you meet certain criteria, you may not need to feel uncomfortable at work; you may be able to obtain a reasonable accommodation for a disability or religious practice, such as working from home or taking leave. Your employer may have a policy that allows for paid leave if you need to take time off from work in connection with an illness or disability. Under the Families First Coronavirus Response Act (FFCRA), certain employees who work for employers with fewer than 500 employees may take a maximum of 80 hours of emergency sick leave.

Consult a Seasoned New York City Attorney

If you are worried about whether your employer can make you return to the workplace if you are uncomfortable there due to COVID-19, you should call Phillips & Associates. One of our experienced trial attorneys may be able to assist you. Phillips & Associates represents clients in Brooklyn, Manhattan, Queens, Staten Island, the Bronx, and Nassau, Suffolk, and Westchester Counties, as well as New Jersey, Pennsylvania, and Florida. Call us at (212) 248-7431 or complete our online form.

PHILLIPS & ASSOCIATES
45 Broadway, #430
New York, NY 10006
Tel: (212)248-7431
Fax: (212) 901-2107
Client Reviews
★★★★★
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associate that assisted Brittany was Yusha Hiraman. She was professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen