When it comes to the COVID-19 pandemic, there have been a number of job terminations all across the country. A large worldwide event such as the COVID-19 pandemic can have far-reaching effects, including on employment status.
But along with job terminations can come a number of different questions, such as wondering were you wrongfully terminated because of COVID-19? To help answer that question, we will take a short look at some of the circumstances that might pop up around wrongful termination and COVID-19.
While Ohio is an at-will state, which means that an employer can fire you for any legal reason as they see fit, employees do have protection against unlawful or wrongful termination. So, if you think you were wrongfully terminated because of COVID-19, some of the following examples might fit with your situation.
For more specific questions, it can be especially helpful to reach out to a COVID-19 wrongful termination lawyer from the Friedmann Firm as well.
Examples of How You May Have Been Wrongfully Terminated Because of COVID-19
While each individual case of wrongful termination will differ, there are a few examples we can look over that can tie into if you were wrongfully terminated because of COVID-19. Wrongful termination may tie to unsafe working conditions, filing a worker’s compensation claim, or even refusing to go to work when emergency orders are in place for people to remain at home.
Refusal to Work During Emergency Orders
Laws are in place to protect employees in relation to emergency orders, such as shelter in place orders. In terms of COVID-19, there are a number of different ways that an employer could potentially terminate an employee in a wrongful manner. Some of these include:
Filing A Worker’s Compensation Claim
Filing a worker’s compensation claim will happen after you have suffered an injury on the job typically. But if you file a worker’s compensation claim in regard to COVID-19, you are protected by law against wrongful termination.
Requesting COVID-19 ADA Accommodations
By federal and state law, reasonable accommodations are allowed at places of work for employees who are disabled. COVID-19 may call for you to work from home under ADA accommodations or for other necessary accommodations to be met. Since the ADA allows for such accommodations to be made, if you believe you have been wrongfully terminated when asking for ADA accommodations, speaking to a COVID-19 wrongful termination lawyer is suggested.
Taking COVID-19 Related FMLA
The Family and Medical Leave Act (FMLA) offers protection at both the federal and state law levels for employees who have to take time off of work for reasons related to COVID-19. The FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons”. If you have been fired for taking FMLA leave or placing an FMLA related leave request, speaking with a COVID-19 wrongful termination lawyer should be your next step.
Complaints Related to Unsafe Working Conditions
Employees may have complaints related to unsafe working conditions in any given year. The Occupational Safety and Health Act (OSHA) protects workers from illegal termination when such complaints are filed. An example of this might be a lack of COVID-19 safety adjustments to the work environment.
The long and short of it is if you were wrongfully terminated because of COVID-19, there are protections available to you.
Contact a COVID-19 Wrongful Termination Lawyer in Columbus, Ohio
At the Friedmann Firm, our attorneys are experienced and ready to advise and offer representation to employees throughout the stat of Ohio. We work to address unlawful harassment, wrongful termination, and other cases that fall under employment law. We take an aggressive approach and offer free, fully confidential consultations.
To speak with a COVID-19 wrongful termination lawyer, call us at 614-610-9755 or contact us online today.