Throughout these difficult times, we know that one of the most important things amidst the current Covid-19 pandemic is to be able to keep our jobs. The ambiguity of the virus has placed doubt and uncertainty on our economy and financial security. Therefore, having a job during these moments becomes more crucial than ever.
However, we are aware that employers have not been understanding of their employees’ situations by unlawfully terminating their jobs, or engaging in discrimination in the workplace. We believe that you are here because you are desperately seeking answers on how to revert your situation. We are here to inform you that despite the pandemic, your employers still have to abide by those rights according to Florida law.
The truth of the matter is that you will need a Florida Covid-19 work discrimination lawyer to file a lawsuit in order to either restore your job, or receive benefits claims from your employer. Stay tuned for a detailed account educating you on what signifies both wrongful termination and discrimination in the workplace, and why you need an attorney to affront these issues.
Legal basis of Wrongful Termination
Despite the fact that most states in the United States operate by “at will” termination, there are instances where this is an exception. Furthermore, due to the rise of Covid-19 cases, many employers have acted on unlawful exceptions to the at-will notice. The following instances may qualify you to file a lawsuit:
- Bringing up safety concerns: This is perhaps one of the most important reasons that signify a wrongful termination because the affected employee is being fired for promoting safety standards that must be legally met in the first place. In terms of Covid-19, this means that protocols of face mask wearing, personal hygiene, and sanitation are not being enforced within the establishment.
- Pursuing a medical leave: Medical leave are lawful instances that signify a severe health condition that impedes the ability of an employee to adequately perform their job. Amidst the current pandemic, this legality applies more than ever before. You are able to file a formal wrongful termination lawsuit, if your employer decides to fire you if you are trying to recuperate from the illness from the comfort of your own home. Some employers may argue that the at-will termination applies to this circumstance, but they are wrong because the virus is actively impeding you from contributing to your livelihood.
- Obeying a shelter in place order: These are mandated governmental decisions with the purpose of mitigating the Covid-19 virus, while pursuing to safeguard the health of the overall population. Furthermore, there are areas around the nation where local authorities order non-essential business to close operations throughout the shelter in place order. If your job is legally labeled as a non-essential place of business, your employer cannot fire you for choosing to follow the mandate.
Legal basis of discrimination in the workplace
The current pandemic has also paved the way for an increase in discrimination within people’s jobs. Employees are suffering the effects of targeted racism and wrongful accusations due to aspects of heritage or being in favor of abiding by the current health safety protocols.
Currently, there have been vast reports of employees being discriminated against because of their Chinese or even Asian background within the United States. The truth of the matter is that employers or even co-workers are believing that Chinese people have created the Covid-19 virus, absurdly calling it the “China virus.” As a result, a lot of employees are being discriminated against, fired, and taunted in the workplace. If this has, or is currently happening to you, be aware that by law you are still protected by the Age Discrimination in Employment Act (ADEA) and thus have every right to be compensated for any financial or emotional damages.
Now that we have reviewed the legal standards for both discrimination and wrongful termination throughout the pandemic, let’s delve into the possible settlements you may be entitled to throughout your claim. The following are:
- Lost wages and benefits: are provided to an individual who was fired within the mentioned unlawful circumstances. Therefore, a specific amount of monetary compensation will be awarded to make up for the pain and suffering caused by a lack of income.
- Emotional distress: in damages is currently being attributed to the mental trauma that Asian American citizens are subjected to during working hours. This is a type of discrimination that negatively affects productivity and mental health, while violating a basic code of moral ethics. For that reason, those affected are entitled to justice and reparation.
- Punitive damages: These are labeled to specifically target an employer who committed either an act of discrimination, or pursued to file a wrongful termination during this pandemic. Not only will the affected individual receive their compensation, but it will reprimand the employer preventing him or her to behave in that manner again.
Hire an attorney
- It is imperative that you acquire legal representation when seeking to battle the consequences of these unfair employer practices infringed upon you. An expert attorney will provide an objective form of legal counsel that will give you an advantage when filing your lawsuit. These are moments that can cloud your judgment when you decide to act on the basis of discrimination just because of the color of your skin or your heritage.
- It’s best to act in a precise and calculated manner, which will deliver you concrete results instead of creating more financial and legal uncertainty. For that reason, a lawyer will speak to company representatives on your behalf, fill out the necessary paperwork, and represent you in court if a trial does occur. Be that as it may, you will already have a major advantage and will be closer to a fair settlement if a lawyer is by your side every step of the way.
- Furthermore, an experienced attorney has certain assets that you personally have no access, nor the ability to compile. By that we mean, that they have the outreach to conduct a thorough investigation of the incidents that led to your termination or discrimination, thus creating a solid case for the success of your compensation.
Now that you are more informed on the value of your rights within the workplace, we hope that you feel more comfortable moving forward in seeking reparations tied to the mentioned unlawful practices. Furthermore, we are pleased to tell you that even during these unprecedented Covid-19 filled moments, the Offices of Scott J. Senft are here to provide you with the necessary care and legal skills needed to provide you with immediate solutions for your own situation.
Scott and his legal team will vehemently fight for your rights, while searching for the best legal outcome that benefits you only. In order to win perhaps one of the most important battles of your lifetime, you will need the help of Scott, a dedicated Florida Covid-19 work discrimination lawyer, that will always seek to benefit and promote your interests. What are you waiting for? Call them now!