Covid 19 Issues

Some employers have specific limitations imposed by the government, and they have to follow those. If your employer is allowed to be open, they are required to take steps to keep the workplace safe, like physical barriers, sanitization, masks policies, and distancing measures. If you are vulnerable to COVID because of age or other health reasons, your employer may need to go even further or may be required to allow you to stay home.

If you are an employer experiencing this issue, there are general rules and specific rules. You have to ensure you are allowed to be open and follow the government COVID rules, and to generally do everything within reason to keep the risk of infection low. For specific employees who are older or have health conditions, you may have to do even more or may not be able to insist they return to work right now. We highly recommend you speak to an employment lawyer on this before major mistakes are made.

Employers may feel obligated to encourage all employees to get a vaccination in order to get back to business as usual. Whether or not your employer can legally force you to get vaccinated, or can end your employment if you choose not to get vaccinated is a complicated legal issue, and the answer depends on the specific facts of each case. If you feel you are being pressured into getting vaccinated, speak with an employment lawyer to learn more about your legal rights concerning your personal health in the workplace, and how the law can protect you.

If you were dismissed for refusing to get COVID vaccinated, you may be entitled to severance if there is no just cause for dismissal. Whether there is just cause will depend on your particular case, but relevant factors include whether you have a disability or religious exemption, whether you work remotely, and whether you work in a setting with people who are elderly or have compromised immune systems.