Santa Monica Employment Lawyer, David Mallen of Employee Law Group, provides support and guidance to wrongfully terminated employees resulting from the Covid-19 crisis
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As of this moment, nearly 1,000,000 Americans have been confirmed as infected with the novel coronavirus, and about 60,000 of them have died from the disease it causes, COVID-19. For the victims and their families, and for the medical professionals struggling under trying conditions to treat them, the crisis is something they couldn’t have imagined just a few weeks ago.
At the same time, there is another crisis taking place in homes across the country and right here in your community. Millions of Americans have lost their jobs as health officials have deemed it necessary to halt business-as-usual in the effort to slow the spread of the infection. Regardless of whether people think this decision was wise or unwise, appropriate or not, the fact is, it’s likely to be affecting you or someone you care about. If not now, then soon.
This is an unprecedented crisis, the likes of which has not been seen in more than a century. But what makes this crisis different from the Spanish Flu epidemic of 1918 is, there are rules in place to protect those left jobless and vulnerable from the efforts to save lives. If you or a loved one is unemployed as a consequence of the coronavirus, you are not helpless.
Employee Law Group has been swamped with inquiries lately. Workers who find themselves suddenly, shockingly without jobs—some after more than a decade with their former employers—are wondering how this could happen, and if they have any recourse. There are also requests from small businesses, asking for guidance on how they can treat their employees fairly while adapting to the drastic changes in the economy.
More information about Employee Law Group can be found at: https://www.employeelawgroup.com/
In any situation like this, the answers will always depend on the facts. There are few hard and fast rules in American law that apply in every situation. But there are many principles that should guide responsible business owners, and which workers who have lost—or may soon lose—their jobs should look out for.
State and federal law recognize the right of employers to make business decisions as best suit their needs. This is called “managerial discretion.” But that doesn’t mean the boss can do whatever he or she wants with impunity. The law also recognizes the rights of workers to be free from discriminatory treatment.
Unless you have a contract, that means you can be let go for a good reason, a bad reason, or no reason at all. But you can’t be fired for an unlawful reason. If you are separated from your job, whether it’s called a termination or firing, a layoff or a furlough, there are certain standards that must be met.
The most common wrongful termination cases stem from improper motivations based on the worker’s civil and legal rights. In short, you can’t lose your job for a discriminatory or retaliatory reason.
If the boss decides to let go of part of the staff, but only the older workers (usually with higher salaries than younger employees’), or only the members of certain races or religions, or only those with disabilities or a history of health problems were laid off or furloughed, this would be evidence of discrimination. If workers who have complained about unsafe work conditions or not being paid full wages on time are let go, that could be a sign of retaliation.
The same is true on re-hiring. Once the crisis is past and business starts to return to normal, those workers who’ve been laid off have a presumption of returning to their positions. But if older workers, racial or religious minority employees, people with disabilities, or employees from any other protected group find themselves getting passed over when it’s time to go back to work, this could be grounds for a lawsuit.
Of course, the employer has the right to show that the decisions were made for legitimate, nondiscriminatory and non-retaliatory reasons. But if the employee can show that these are merely pretexts to get rid of disfavored workers, the boss will likely lose. This can put the business owner on the hook for damages and penalties adding up to tens of thousands of dollars or more for every affected employee.
The surest way to avoid these problems is to ensure that the guiding principle behind these difficult decisions is doing what’s right for the business and what’s fair for the workers.
As we navigate these uncertain times, the best advice is seek out a qualified attorney to go through the facts with you. For a business owner, it’s a small investment for a couple of hours that could save tens of thousands of dollars or more—and endless hours of headaches—in the long run. For an employee, most lawyers offer free consultation, and it could be worth thousands of dollars that you have earned and deserve.
Those wishing to find an employment lawyer Santa Monica can visit the website on the link provided above.
Contact Info:
Name: David Mallen
Email: Send Email
Organization: Employee Law Group
Address: 840 Apollo St #311, El Segundo, CA 90245, United States
Website: http://www.employeelawgroup.com/
Source: NewsNetwork
Release ID: 88955496
