Dear Clients,
Navigating the employment field can be challenging during normal times. During these unprecedented times we understand that it is even harder to know your rights. We remain committed to keeping you informed of the most recent developments in the law and continuing to provide you with the best advice possible. Below is some information that we believe will be useful to you.
1. The Basic Rules of Employment Law Still Apply
Most states in our country are at-will employment states meaning that employees can be terminated at any time, for any reason, unless it is a discriminatory reason. Employees cannot be terminated because they belong to a protect class. Protected classes include: race, age, gender, sexual orientation, gender identity, religion, national origin and disability.
2. The Federal Government Has Passed the Families First Cares Responsibility Act (FFCRA) To Aid Employees During These Unique Times
The FFCRA provides eligible employees with a combination of full and partially paid leave under the Emergency Family Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA). Qualifying employees may be entitled to 2 weeks of paid sick leave under the EPSLA and up to 12 weeks of partially paid leave under the EFMLEA.
3. The CDC Has Issued Guidelines to Employers in Various Industries About Reopening
The CDC’s website contains guidance to employers as to how to protect their employees and their customers as the country reopens. Employees may have rights if their employer is not taking steps to make sure that the workplace is safe.
4. Employees Who Are Not Comfortable Returning to Work
If an employee is not comfortable returning to work, can they refuse to return? It depends. If the employee a qualifies for leave under the FFCRA then they may not have to return to work immediately. If an employee is afraid to return to work, but has no basis for that fear, then they will need to return or risk termination and not being able to collect unemployment compensation.
5. Unemployment Assistance
The federal government passed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to assist businesses during the pandemic. One provision of the CARES Act that is advantageous to employees is Pandemic Unemployment Assistance (“PUA”). PUA provides unemployment compensation to employees who are not able to work due to COVID-19 and are not eligible for regular unemployment such as independent contractors, gig workers and self-employed business owners.
Employment law is very fact specific. Please call us at 610-660-5585 with any questions that you may have.
