In most cases, an employer can legally fire you if you refuse to come back to work following a coronavirus-related business shutdown. Fear of the coronavirus isn’t generally a good enough argument to stay away and keep collecting unemployment.

But what if they fire you if you complain about inadequate safety measures?

In that case, you may have a better legal argument to make.

The letter also said that the AG’s office is investigating “other cases of potential illegal retaliation” in New York.

Steps You Can Take

  • The General Duty clause, which requires employers to keep employees “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
  • OSHA’s Whistleblower Protection laws. People who believe they have been fired for blowing the whistle on workplace safety may file a claim with OSHA.

Retaliatory firings can also violate state laws, which vary. Many states have their own versions of OSHA, and many are tougher.

Ann-Marie Ahern, a labor and employment lawyer in Cleveland, Ohio, told TIME magazine, “One of the challenges with understanding your rights as an employee is that each state has different rules and laws that can augment federal law. For instance, workers in California enjoy far more protection in the workplace than almost anywhere else in the U.S.”

Meanwhile, there’s an additional legal avenue for workers who are fired for walking off the job for safety concerns: The National Labor Relations Act.

The NLRA provides “concerted activity” protections for workers who refuse to come to work for safety reasons or for following an order they consider unsafe, such as not wearing a face mask.

The key is whether two or more employees feel endangered. If their employer fires them for their actions, they may have a claim and can do either online or in person at their local National Labor Relations Board office.

After reviewing claims, both OSHA and the NLRB may issue penalties and order job reinstatements.

Your employer has an obligation to provide and maintain a safe environment for you to work in. If you have spoken about an employer’s failure to do so and been fired, you may have a claim to file via OSHA or NLRA. You might also want to speak to an experienced employment law attorney to ensure that your rights are protected.

  • The Coronavirus and Your Rights as an Employee (FindLaw’s Law and Daily Life)
  • Employment Law and the Pandemic (FindLaw’s COVID-19 Legal Center)
  • Can a Small Business Owner File for Unemployment? (FindLaw’s Free Enterprise)
  • Can You Refuse to Go Back to Work and Continue to Collect Unemployment? (FindLaw’s Law and Daily Life)

 

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