The Dominguez Firm answers your work-related COVID-19 questions

COVID-19 has impacted every aspect of our lives. While many of us are working from home, others are on the front lines providing crucial services during these difficult times. The employment lawyers at The Dominguez Firm are staying on top of the latest developments for both essential and non-essential employees. They’re also answering questions in an effort to protect workers’ rights during this pandemic.

Below you’ll find some of the most common questions we receive and what you can do if your rights as an employee have been violated.

Can my employer take my temperature before allowing me to start work?
Yes, your employer can take your temperature and send you home if you have a fever. However, employees should not be made to line up for this, even if it is six feet apart due to privacy concerns. In short, employers should never take an employee’s temperature in front of co-workers. 

Employers can also ask if you have any coronavirus symptoms, including fever, shortness of breath and a stubborn cough. Again, this should be done in a private setting and the results must be kept strictly confidential. 

Note that some people with COVID-19 never develop a fever, so taking temperatures is not a failsafe method for keeping the workplace healthy.

My employer is reopening our offices soon. I’d rather keep working remotely because I’m afraid to contract COVID-19. Can I?
The short answer is: it depends. If there is a state "Stay at Home" order for your job sector, you can stay home, and your office should not be reopening. If no such order is in place, you may be able to continue working remotely if you belong to a protected group. These include those with autoimmune diseases such as lupus, a serious heart condition or diabetes, among others.

You should speak directly with your employer to see what can be done. They may not realize that you need a reasonable accommodation. If your employer won’t cooperate with your request and you believe that you have the right to a reasonable accommodation call the experienced employment law attorneys at The Dominguez Firm right away for a free consultation to find out what your options are.

Can my employer fire me if I point out COVID-19 related safety violations at work?
Absolutely not. Plus, they may be subject to two lawsuits, one for wrongful termination and the other for retaliation. You have the right to point out and report all safety violations by your employer. It doesn’t matter whether you filed a complaint with a government entity or your Human Resources manager, as a whistleblower you are protected under the law here in California.

If you are having work-related issues due to COVID-19, call Attorney J.J. Dominguez and the employment lawyers at The Dominguez Firm for a free and completely confidential consultation today at 800-818-1818. We are available 24/7 to take your call. This pandemic is not an excuse for employers to violate an employee’s rights.