Employer tips for reducing exposure to liability as pandemic continues

Two weeks before an employee went on leave for COVID-19-related reasons, her employer made the decision to terminate her. She later sued the company for retaliation under the Emergency Paid Sick Leave Act (EPSLA). But, the U.S. District Court for the Southern District of Florida recently granted the employer’s request for summary judgment (dismissal without a trial) because it couldn’t have known she was taking leave for virus-related reasons, and she failed to establish but-for causation. As the pandemic continues, read on to learn how you can limit your exposure to such claims.

Facts

The underlying events of the case took place in March 2020, during the early stages of the COVID-19 pandemic. Tracey Graham worked as an embroiderer for Barrier Technologies, a manufacturer of radiation products.

Graham claimed Barrier Technologies violated the EPSLA by firing her after she allegedly developed coronavirus symptoms and self-isolated, as her healthcare provider had advised her to do. Specifically, the employer sent her home for the day after she reported “not feeling well.”

Graham didn’t specify what her symptoms were, and Barrier Technologies didn’t ask, instead just allowing her to go home for the day. In addition, she had just received a normal reading during a temperature screen.

Later, Graham attended a telemedicine consultation and received a visit summary and doctor’s note. Before the litigation, the employer received only the doctor’s note, which stated she was experiencing “viral symptoms” and could stop self-isolating and return to work in seven days.