All the Covid-19 Wrongful Termination Claims Peak
/
Did you know that the number of wrongful termination claims is climbing? Right when they are needed most, essential employees are being fired for reasons that violate labor codes, and health and safety requirements.
Common Reasons for Rise in Covid-19 Wrongful Termination Claims:
Nurses and hospital staff are being terminated from hospitals overrun with Covid-19 patients for allegedly talking about PPE (personal protective equipment) shortages.
Grocery store workers are fired after reprimands for wearing gloves while working.
Workers at nursing homes and other long-term care facilities (where coronavirus outbreaks have accounted for close to 50% of Covid-19 deaths in some states) report being fired after they point out facility practices that violate health and safety mandates from both federal and state agencies.
When Your Employer Fires You for Demanding Safety in the Workplace:
It’s not fair (or legal) for an employer to fire a worker for demanding the right to protect themselves while they work. If a California employee is fired in connection to workplace safety complaints or concerns in connection to the Covid-19 pandemic, they could have grounds for a wrongful termination lawsuit or a California whistleblower lawsuit. According to OHSA, employees are guaranteed the right to a safe workplace by federal law - a workplace free of “known health and safety hazards.”
What Constitutes a “Safety Hazard” During an Infectious Disease Outbreak:
The definition of what constitutes a “safety hazard” has seen significant changes amidst the recent infectious disease outbreak. During a time when the CDC and other state and federal health agencies are recommending that everyone wear a mask in public settings to keep their nose and mouth covered, and that healthcare workers wear facemasks, respirators, and gloves to decrease their risk of infection, an employer who requires employees work without proper recommended PPE could be creating an “unsafe work environment.” OSHA also guarantees employees and workers have the right to speak up about workplace health and safety concerns without fear of workplace retaliation. OSHA regulations prohibit employers from retaliating against employees that complain about unsafe work conditions. Forms of retaliation include termination, demotion, transfers, etc.
If you need to discuss workplace retaliation or if you need to file a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
