Employee's spouse sues employer over COVID-19 infection

To prepare for issues employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims. Keeping track of national trends makes you better equipped to address workplace challenges. A recent California lawsuit may offer a preview of pandemic-related claims you may encounter in your own state.

Health orders and advisories

During the COVID-19 pandemic, San Francisco and Bay Area counties issued shelter-in-place orders requiring individuals to remain in their residences to limit the spread of the virus. Later, health orders were issued governing the safe reopening of the economy.

San Francisco's reopening orders required strict health and safety measures, including daily screening protocols and workplace cleaning and decontamination procedures. The Centers for Disease Control and Prevention (CDC) recommended similar requirements for employers.

Mr. Kuciemba's work and Mrs. Kuciemba's infection

Robert Kuciemba and his wife, Corby, strictly complied with the shelter-in-place orders. Because Corby was 65 years old and a high-risk person, staying at home and following recommended precautions were particularly important.