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Employee Rights During Covid-19

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  • 06-12-2020, 09:24 AM
    AmyK84
    Employee Rights During Covid-19
    My question involves labor and employment law for the state of: Illinois

    Background: My husband works for a small private owned engineering company with at least 20 employees in the office daily. There aren't supervisor/managers, only owners of the company. There are 5 owners (1 of which is the president) and all are in the same building. My husband is also diabetic with a compromised immune system.

    At the start of Illinois' stay at home order on April 7th, the company allowed the employees to work from home. On June 8th, after Illinois progressed to Phase 3 of the reopening plan, the employees returned to work. The office did not have a meeting with employees to discuss social distancing, spread of the virus, etc. They did not require employees to wear face coverings when within 6 feet of one another or any other form of social distancing. My husband, a diabetic, and another employee with heart problems, are the only employees to share an office. They are within 6 feet from one another. My husband was concerned for his and other employees safety. He came home for lunch and decided to call his employer. He called an owner he was most comfortable with speaking with. That owner referred him to the president. My husband spoke to her and expressed his concerns. She was very insensitive and told him they will not wear face masks. She stated they are following OSHA guidelines and masks are not required, period. She said she would place a clear curtain around his work station and let others know to avoid his work area as well as play signs stating to wash hands, maintain distance, etc. My husband told her that Illinois phase 3 reopening guidelines has minimum requirements for office buildings. The correspondence ended in her giving him until today to either 1. Return to work with her conditions 2. Take a leave of absence approved by a physician 3. Resign from position.

    What are his rights? Any advice is appreciated.
  • 06-12-2020, 09:50 AM
    PayrolGuy
    Re: Employee Rights During Covid-19
    Quote:

    1. Return to work with her conditions 2. Take a leave of absence approved by a physician 3. Resign from position.
    Looks like the President of the company gave a pretty good list of his options.

    The problem is, I can find not proclamation by the Governor of your state that gives the 'Guidelines' the force of law. The fact that they are called guidelines would make me think they don't have such force.

    His best option would likely be #2. Take a leave of absence approved by a physician.
  • 06-12-2020, 09:53 AM
    adjusterjack
    Re: Employee Rights During Covid-19
    The prohibition on mask wearing is BS.

    There's a 4th option.

    Return to work. Wear the mask. If he gets fired he goes on unemployment.

    Quote:

    Quoting PayrolGuy
    View Post

    His best option would likely be #2. Take a leave of absence approved by a physician.

    If it's not a paid leave of absence it would be the worst option.
  • 06-12-2020, 10:01 AM
    Harold99
    Re: Employee Rights During Covid-19
    How would your husband like to see the owners handle this? He must have ideas if he feels they are wrong.
  • 06-12-2020, 10:05 AM
    PayrolGuy
    Re: Employee Rights During Covid-19
    Quote:

    Quoting adjusterjack
    View Post
    The prohibition on mask wearing is BS.

    There's a 4th option.

    Return to work. Wear the mask. If he gets fired he goes on unemployment.



    If it's not a paid leave of absence it would be the worst option.


    It has been my understanding that the masks (short of an N95 doesn't really help the wearer but those around the wearer.) Hence my not suggesting that.

    I'm assuming he wants a job to return to.

    I'd add that if he resigns there is some less than zero chance that he will originally be found to be disqualified for unemployment.
  • 06-12-2020, 10:22 AM
    llworking
    Re: Employee Rights During Covid-19
    Quote:

    Quoting PayrolGuy
    View Post
    It has been my understanding that the masks (short of an N95 doesn't really help the wearer but those around the wearer.) Hence my not suggesting that.

    I'm assuming he wants a job to return to.

    I'd add that if he resigns there is some less than zero chance that he will originally be found to be disqualified for unemployment.

    I agree that the masks protect people FROM the wearer of the mask more, but they also protect the wearer of the mask, just to a lesser degree than the N95 masks. There were two stylists at a Great Clips who were working (not realizing that they were sick) and none of the 142 customers who came into the salon during that time got Covid-19. Everybody wore a mask and gloves (both customers and employees) and the work stations were more than 6 feet apart.

    Therefore it would offer the OP some measure of protection to wear a mask, just not full protection.
  • 06-12-2020, 11:00 AM
    pg1067
    Re: Employee Rights During Covid-19
    Quote:

    Quoting AmyK84
    View Post
    What are his rights? Any advice is appreciated.

    Creating a list of rights would serve no useful purpose. Do you have a more specific question?
  • 06-12-2020, 09:19 PM
    AmyK84
    Re: Employee Rights During Covid-19
    Quote:

    Quoting Harold99
    View Post
    How would your husband like to see the owners handle this? He must have ideas if he feels they are wrong.

    He asked them to wear masks in public spaces and when within 6 feet from one another. They said no.

    Quote:

    Quoting adjusterjack
    View Post
    Return to work. Wear the mask. If he gets fired he goes on unemployment.

    He wants to wear a mask. But no one else is. From my understanding, masks help not spread the virus to others. It's more for others protection than your own.

    Quote:

    Quoting pg1067
    View Post
    Creating a list of rights would serve no useful purpose. Do you have a more specific question?

    Can they legally require him to return to work without following Illinois phase 3 reopening guidelines?
  • 06-12-2020, 10:01 PM
    llworking
    Re: Employee Rights During Covid-19
    Quote:

    Quoting AmyK84
    View Post
    He asked them to wear masks in public spaces and when within 6 feet from one another. They said no.



    He wants to wear a mask. But no one else is. From my understanding, masks help not spread the virus to others. It's more for others protection than your own.



    Can they legally require him to return to work without following Illinois phase 3 reopening guidelines?

    One of the options they gave him was to take a leave of absence, therefore they are not requiring him to return to work. Look, I honestly understand how you feel. I am also someone who is vulnerable. However, there are just too many people out there who refuse to wear masks and no one is going to change their minds unless things get a lot worse than they are now.

    Even if your husband is the only one wearing a mask, it will help him to some degree. It will be better than not wearing one.
  • 06-13-2020, 11:36 AM
    PayrolGuy
    Re: Employee Rights During Covid-19
    Quote:

    Quoting AmyK84
    View Post
    Can they legally require him to return to work without following Illinois phase 3 reopening guidelines?

    The 'guidelines' do not have the force of all.

    Once again I think we have Harold99 trolling under another name.
  • 06-13-2020, 11:59 AM
    Harold99
    Re: Employee Rights During Covid-19
    Quote:

    Quoting PayrolGuy
    View Post
    Once again I think we have Harold99 trolling under another name.

    ...Which shows your thinking process does not serve you well.

    If you are able to follow along, you'd know that I am an independent contractor and haven't had a boss in 30 years. Nor am I afraid of the over-exaggerated covid-19.
  • 06-13-2020, 03:31 PM
    PayrolGuy
    Re: Employee Rights During Covid-19
    I don't think you are strawman you have created is asking a question that you need an answer to. I think it is asking a question that you can try and answer. You are doing this in response to a warning from those that own this site.
  • 06-13-2020, 04:04 PM
    eerelations
    Re: Employee Rights During Covid-19
    Quote:

    Quoting PayrolGuy
    View Post
    I don't think you are strawman you have created is asking a question that you need an answer to. I think it is asking a question that you can try and answer. You are doing this in response to a warning from those that own this site.

    like button
  • 06-13-2020, 05:09 PM
    Harold99
    Re: Employee Rights During Covid-19
    Quote:

    Quoting PayrolGuy
    View Post
    I don't think you are strawman you have created is asking a question that you need an answer to. I think it is asking a question that you can try and answer. You are doing this in response to a warning from those that own this site.

    I have no idea what you are talking about.
  • 06-13-2020, 05:52 PM
    cbg
    Re: Employee Rights During Covid-19
    For the record, I have some training in writing styles. I do not believe that Harold wrote this; nor do I believe it is a troll. I do believe the OP is looking for someone to tell her that her husband has a legal right to refuse to return to work under the circumstances described and that he cannot be fired for that refusal.

    Unfortunately, I do not believe we can truthfully give her that reassurance.
  • 06-14-2020, 10:16 AM
    Harold99
    Re: Employee Rights During Covid-19
    Quote:

    Quoting PayrolGuy
    View Post
    ...I think we have Harold99 trolling under another name.

    I find this statement very interesting. Why would I assume another name to create an argument so someone would agree with me? I have never shown any interest in being agreed with here, especially by the five or so front-liners like yourself.

    I have seen folks lie but why would I assume you lie. It is much more likely that you, knowing both sides of an issue, take the side that hurts the OP. You do this, imo, because you hate society in general...not because you enjoy or have a propensity to lie. But then again, those that speak of others as being liars are usually liars themselves.
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