The nature of employment in the United States has clearly been affected by the COVID-19 virus that has permeated the country in each and every state. While some workers are able to conduct their job responsibilities from home using various forms of technology, many others who work in a brick-and-mortar establishment that caters to the public as a means of generating income will cease operations completely. This has left many workers depending on unemployment insurance or even potentially looking for a new line of work going forward. One component of the COVID-19 fallout is that there will assuredly be long-term implications for the nation as a whole. Many companies will move to utilize remote worker options as much as possible, and this will especially be a trend when companies realize they can operate with less operational expense overhead when employees work from home or any other remote location. The entire economy will be changing in some manner for very many businesses. This could be good for many employees when their employers understand the shifting dynamic of employment and want to keep all of their workers. But, there are also employers in the various markets that will also use this dilemma as an excuse to terminate some employees as part of a restructuring of their business. And, in many cases these moves could be counter to established employment law that could leave the employer liable for compensatory costs when the case is evaluated in court. These are the circumstances that could require representation from an experienced Newport Beach labor attorney for employees to enforce legal requirements.
There are certain guidelines that all employers must follow when managing all employees with respect to hiring, promotion, and termination. These laws are still in force even in these trying times, and employees should understand this status as well as employers. Many employers will want to reduce their workforce if their cash flow is reduced due to the pandemic, and they may attempt making questionable moves that they think will pass unnoticed as a result of the national medical emergency. Employer business decisions with respect to human resources still must be compliant with the law, and especially the Equal Employment Opportunity Commission requirements. These federal protections still apply for affected employees, and it is good to have a Newport Beach employment lawyer in mind just in case something unacceptable happens in the shuffling that all companies are undergoing.
Personal injuries at work are typically covered by workers’ compensation laws when the employees are required to commute to a designated work location such as an office or a factory. Of course, there will also be countless physical businesses returning to operations that require employees to report to work among those that choose to restructure their methodology. Disease is also among the illnesses or injuries that are included in workers’ compensation claims, and it appears that no exceptions will apply for the COVID-19 virus. Some employees may be allowed to return after being certified immune, but others who are infected and asymptomatic may experience problems from their employers when it is time to return to their positions. Terminations and reprimands associated with this particular issue could still constitute standing for a claim of some type, whether it is workers’ comp related or a standard personal injury claim. These problems could also include insurance claim denials when coverage providers do not want to pay, which will necessitate legal representation from a Newport Beach workplace lawyer.
Unreasonable Demands and Harassment
Many employers are very used to telling employers what they can and cannot do that often borderline on potential harassment claims without necessarily crossing the legal line. However, when employers make unreasonable demands of employees, a harassment claim could apply under certain circumstances. This especially applies when there are financial costs associated with the instructions that the employer will not cover. Making permanent employment contingent on following an external requirement outside of work responsibilities could very well be grounds for a harassment claim when the order does not apply equally to all employees. An employment attorney Newport Beach could possibly investigate the issue for improprieties and craft a case for damages in certain situations.
The COVID-19 pandemic has also resulted in federal funds being supplied for many workers who have been laid off during the shutdown and still undetermined plan for returning people to work. While most employees will see little or no resistance from employers regarding subsequent employment insurance claims, this does not mean that employers will necessarily still not use the situation to deny unemployment benefits or attempt forcing a penalty to some who are permanently terminated. There have also been funds made available for federal claims that give an additional income to the affected workers, but the rules for applying and receiving the benefits have not been published as yet. This will be a significant component of the relief bill resources, but some employers could be difficult and not wanting to share information they have received from the Department of Labor and the U.S. Treasury. It is still incumbent on the employees to apply for the benefits, and any furloughed workers who have problems will be needing assistance from a Newport Beach workplace lawyer to rectify the problem and begin financial assistance.
Contact an Employment Attorney
One thing is for certain with the COVID-19 pandemic. It is not going away anytime soon, and many workers throughout California will experience legal challenges in the days ahead regarding their future employment and receipt of relief to which they are entitled. Our Newport Beach labor attorney for employees is at the ready to help those who are facing these challenges. Contact us today at our official firm web site and let us put our experience to work for you.