Legality of Losing A Job for Contracting COVID
The COVID-19 pandemic has drastically affected workplace rules on employee illnesses. Here’s a breakdown of what to do if your employer fired you for having COVID.
Compensation for losing a job because of contracting COVID depends on an employee’s state of residency’s labor laws. Under federal law, employers cannot fire an employee for contracting COVID in the workplace or while performing job duties. Terminated employees who contracted COVID outside of the workplace can file for a wrongful termination claim or apply for unemployment benefits.
Retaliation in the Workplace
The U.S. Department of Labor defines “retaliation” as an employer’s actions “against an employee for engaging in protected activity.” The goal of an adverse action is to discourage an employee from reporting potential labor law violations in the workplace. A job termination, demotion, and wage reduction are examples of adverse actions.
In the United States, retaliation in the workplace is unlawful. The U.S. Department of Labor’s Whistleblower Laws prohibit employers from firing employees for “reporting a work-related injury or illness.”
Related: Can I Get a New Job While On Workers’ Comp?
Contracting COVID in the Workplace
Regardless of an employee’s state of residency, the U.S. Department of Labor’s Whistleblower Laws help ensure employers can not legally terminate an employee for contracting COVID in the workplace or as a result of job responsibilities. Individuals who lost their job for having a work-related COVID diagnosis can file a safety and health complaint to the Occupational Safety & Health Administration (OSHA). Employees can submit the complaint through an online portal, email, telephone call, or in-person visit to a local OSHA office. The statute of limitations for COVID-related safety and health complaints is six months from the termination date.
Related: Workers’ Compensation Laws & Requirements By State
Contracting COVID Outside of the Workplace
Under California’s COVID-19 Prevention Emergency Temporary Standards, it is illegal for a California employer to fire an employee for contracting COVID within or outside the workplace. Laws protecting employees from COVID-related retaliation differ across states and may not provide as many protective laws as California. The Family Medical Leave Act (FMLA) only prevents employers with more than 50 employees from using an employee’s medical leave as a reason for termination. Terminated employees should research their state of residency’s stance on COVID in the workplace.
Employees who contract COVID outside the workplace and live in states without protective laws may experience difficulty in reporting COVID-related retaliation because their illness is not work-related. An employer may justify the termination as a result of continued absence. An employee who loses their job for catching COVID outside of the workplace should file a wrongful termination claim with the Equal Employment Opportunity Commission (EEOC) or request unemployment insurance.
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