Working during the COVID-19 pandemic presents many challenges. Many employees may worry if their boss can fire them for having COVID-19. Here’s what to know about termination and COVID-19.
There may be different reasons for termination during COVID-19, both lawful and unlawful. An employer may legally fire an employee for having COVID-19 if the employee is employed at-will and getting COVID-19 was the only reason for termination. An employer may not legally fire an employee for having a COVID-19 related disability or taking family or medical leave due to COVID-19.
At-Will Employment
Employers can legally fire their employees for having COVID-19 if the employee was employed at-will. At-will employment means that an employee may leave their job at any time, and employers may fire their employees at any time for any lawful reason, or no reason at all.
The employer is fully within their legal right to fire an employee at any time for even arbitrary reasons, as long as the reason is lawful. Unlawful reasons for termination include discrimination on the basis of race, sex, gender, religion, and disability.
Getting COVID-19 is not a protected form of disability, so employers may legally fire their employees for getting the virus, as long as getting COVID-19 was the only reason for termination.
Related: At-Will Employment in California
Disability
Employers cannot legally fire their employers for having a COVID-19-related disability. Under the Americans with Disabilities Act, a disability is any condition that limits a major life activity. An employee experiencing severe symptoms of COVID-19 which seriously impair their life activity may be considered disabled. Additionally, an employee with an underlying health condition worsened by COVID-19 may also be considered disabled. In such a case, an employer cannot fire an employee for being unable to work due to a severe case of COVID-19; the employer is required by the ADA to provide reasonable accommodations to the employee so that they may continue working.
Related: Can My Boss Force Me to Get a COVID-19 Test?
Taking Time Off
Employers cannot legally fire their employees for taking family or medical leave. The federal Family and Medical Leave Act requires employers to provide up to 12 weeks of unpaid family or medical leave for a serious health condition or to take care of a sick family member. Employers may not fire employees for taking a family or medical leave related to COVID-19. Quarantining may be considered medical leave and employers may not fire employees for taking a quarantine leave.
Related: How to File a Wrongful Termination Lawsuit in California
FAQs
Can my boss fire me for getting COVID-19 if I was employed at-will?
Yes, an employer can legally fire employees for getting COVID-19 if the employee was employed at-will. At-will employment means both the employee and the employer may terminate the employment at any point for any lawful reason or no reason at all. Getting COVID-19 may be considered a lawful reason for termination.
Can my boss fire me for having a COVID-19 related disability?
No, an employer cannot legally fire an employee for having a COVID-19 related disability. A COVID-19 related disability may include an underlying health condition worsened by the virus or a very severe case of COVID-19 which impairs an employee’s life activity. The ADA prevents employers from firing employees on the basis of disability and requires them to provide reasonable accommodation to their disabled employees.
Related: Can My Boss Force Me to Get the COVID-19 Vaccine?
Can my boss fire me for taking COVID-19 related family or medical leave?
No, an employer cannot legally fire an employee for taking a COVID-19 related family or medical leave. The FMLA requires employers to provide up to 12 weeks of unpaid family or medical leave. Medical or family situations caused by COVID-19 may fall under the FMLA, including quarantine and taking care of sick family members.
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If you or a loved one has been illegally fired for having COVID-19, get your free consultation with one of our California Wrongful Termination Attorneys today!