In the United States there are legal avenues that promote your rights as an employee and help protect your job from any type of unjustified termination if you are in quarantine or isolated, especially in cases of Covid-19; however, there are still no uniform federal laws on this matter, so seeking the advice of an unjustified termination attorney can be vital.
Even when the country faces serious health crises, the government generally approves special financial plans that guarantee your employment and salary payment during the quarantine and isolation period.
If you have come here seeking help, you should contact the Conexión Legal team as soon as possible by calling us at 1800 201 1220 or by writing to us via WhatsApp so that you can receive the best free consultation about your unjustified termination case and, if applicable, we can help you obtain the highest possible compensation from a professional and highly trained unjustified termination attorney.
Most people living in a public health emergency want to fulfill their social duty to isolate themselves to prevent spreading the epidemic, but they also fear being left with debts and unemployed, and they worry about discrimination or phobia from their coworkers, neighbors, and acquaintances if they discover they are sick with something highly contagious.
Events from recent epidemics have affected the implementation of changes in the country, such as economic measures and proposals for more specific laws to provide greater protection to workers facing a virus or disease with high transmission risk.
Missing work because you are afraid of becoming infected or because you are in voluntary quarantine is not a reason to apologize and you could risk losing your job; however, it is important to mention that by being in quarantine for having contracted coronavirus you could be a direct victim of unjustified termination, which should be evaluated and, according to your state's laws, fought in court with the support of an unjustified termination attorney, learn how you should act when suffering unjustified termination. In some special contexts, employers are very flexible and offer the option to work from home, a common practice when collective epidemics of SARS and COVID-19 emerged.
The option to work from home should be discussed with your direct supervisor if it is not a general company order. You can also request vacation, but there is no guarantee that it will be granted in the way you wish.
Generally, the Family and Medical Leave Act (FMLA) is used to take unpaid leave from work for 12 weeks due to the birth of a child, adoption, or if you have a serious illness.
Quarantine is a preventive measure, so the standard conditions of the FMLA do not apply in these cases. But when global health crises erupted, the U.S. government extended FMLA benefits. For example, during the new coronavirus crisis.
It is important to know that there are laws that prohibit discrimination in your workplace. For example: if you were placed in quarantine due to suspicion of contagion, or were in a nursing home because you were sick with Covid-19 or another illness, but even though you are healthy and return to work, you are discriminated against for that reason. In that case, you have the option to file a complaint with the Equal Employment Opportunity Commission (EEOC).
The Americans with Disabilities Act (ADA) offers protection that prevents discrimination, but it only covers employees with physical or mental disabilities, so it does not protect those with temporary disabilities.
Quarantine and isolation are not permanent conditions, so it is very difficult to use the ADA to protect your job.
States in Which Unjustified Termination is Illegal
In 43 entities in the United States, unjustified termination is prohibited if the employee:
- Refused to commit an illegal act.
- Was exercising a decreed right.
- Was fulfilling a public obligation.
- Report a crime.
- Accepting a quarantine or isolation order during a pandemic is included in the category of complying with a public order. Therefore, this feature can help you defend your job if you are threatened with termination for this reason, but it must be proven.
However, 7 states do not have specific unjustified termination laws, which include:
- Alabama
- Florida
- Georgia
- Louisiana
- Nebraska
- New York
- Rhode Island
However, there are states with special regulations to protect workers who have a quarantine or isolation order from being laid off during a health emergency, such as:
- Delaware and New Mexico, where it is illegal to fire an employee because they are in quarantine or isolation. However, it does not specify how the worker can recover their position.
- Kansas and Maine: They have penalties for employers who fire their workers under these circumstances.
- Iowa: There is also an occupational health and safety policy for quarantined and isolated workers that even requires reinstatement if they are cleared.
- Minnesota: There are also laws that prevent terminations, but to recover your job you must do so through a civil lawsuit.
If you believe you have been a victim of unjustified termination, you should contact the Conexión Legal team as soon as possible so that you can receive the best free consultation about your unjustified termination complaint and, in this way, we can help you obtain the highest possible compensation with the professional representation of an unjustified termination attorney.
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