If you were afflicted with coronavirus or COVID-19, you likely experienced a rather unpleasant period of healing. And now, you must contend with any challenges or obstacles to returning to work you may experience. If you live in Texas and you had covid, but now must return to work, here is what you should be aware of moving forward.
What Your Employer Should Not Do
While you have COVID-19 and when you return, there are certain actions that your employer is not allowed to take, legally. The largest action that they cannot take is firing you on the basis of having or having had covid, as firing you for your disease status can count as firing you on the basis of having a disability, which is, of course, illegal. Your employer can, however, fire you for normal reasons such as low job performance or truancy. Additionally, they could choose to fire you and others in a mass layoff.
What Your Employer Can Do
Be aware as you return to work that your employee does have a legal basis to take certain actions. This could include delaying your start date or asking you to leave work if you are showing more symptoms of the virus. As previously stated, there are some situations in which your employer could reasonably, and legally, fire you after you return from having had coronavirus. If you’re ever unsure about whether your employer’s reaction to your return is legal or not, speak with HR or a trusted lawyer to get answers and learn about your options.
If you believe you have been wrongfully terminated because of having had COVID-19, you should seek advice from a reputable attorney in your area. An attorney who has had experience pursuing and winning cases about employment discrimination and wrongful termination will have the best chance of getting you compensated for your loss of income and other potential effects of being laid off.
