July 31, 2020

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

It’s time once again for our weekly dose of FFCRA complaints here at the Berke-Weiss Law blog. It is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination. The pattern of many of the complaints we’re seeing, and this week is no exception, is an employee notices COVID-19 symptoms, possibly tests positive or at least wants to quarantine to ensure they do not spread it to others, and requests the legally mandated two weeks off plus job protection, yet still gets fired.

  • Complaint, McJunkin v. Lake Keowee Chrysler Dodge Jeep Ram, L.L.C., No. 8:20cv2699 (S.D. Ca. July 22, 2020)
  • Plaintiff sued her employer, a car dealership, for retaliation and wrongful termination in violation of FFCRA. Plaintiff became ill from COVID-19 symptoms and was instructed to self-quarantine by her physician. In addition, Plaintiff missed a couple days of work when her child’s daycare closed because of the pandemic. Both of these instances were covered under FFCRA paid leave, but Defendant terminated Plaintiff anyway.
  • Complaint, Voznesensky v. Peninsula Convalescent Assoc., L.L.C., No. 20-CIV-03058 (Cal. Supp. July 22, 2020)
  • Plaintiff, a nurse supervisor, sued her employer, a nursing center, for discrimination, retaliation, and denial of sick leave under FFCRA. Plaintiff tested positive for COVID-19 and alleges she was discriminated against and then terminated because of her illness or perceived disability. Before being diagnosed with COVID-19, Plaintiff repeatedly asked to wear a mask while working but her employer denied her requests. Plaintiff also alleges she was terminated because she complained about her employer about unsafe working conditions. In violation of FFCRA, Plaintiff was also denied paid leave by her employer and believes Defendant acted maliciously against her. 
  • Complaint, Staples-Reynolds v. Gills Gibson, Inc., No. 3:20cv1287 (M.D. Pa. July 28, 2020)
  • Plaintiff, a cook, sued his employer, a restaurant, for retaliation and denial of protected leave under FFCRA. Plaintiff tested positive after contracting COVID-19 from his roommate and was advised by his healthcare provider to self-quarantine for two weeks. He immediately notified his manager who responded by threatening to fire him if he took time off. When Plaintiff left work to self-quarantine, his manager terminated his employment.

Also filed: Complaint, Doler v. Capstone Logistics, L.L.C., No. 3:20cv218 (N.D. Miss. July 28, 2020)

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The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

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