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Risk of spreading COVID-19 to relatives justifies abandoning work, AR court rules

April 2021 employment law letter
Authors: 
Steve Jones, Jack Nelson Jones, P.A.

All of us are facing the uncertainty and burdens of dealing with COVID-19’s impact on the workplace. One issue revolves around when employees have good cause to abandon their jobs because of the risks created by the virus. The Arkansas Court of Appeals recently addressed the question and sided with the employee.

Facts

Tracy Keener was a seven-year employee of car dealership Wood Motor Company (WMC). In March 2020, she developed concerns about the COVID-19 pandemic. She had frequent, if not daily, contact with individuals who were at greater risk of harm from the disease, including her son (who is missing a kidney) and her husband's elderly parents. She also was troubled by WMC’s failure to take any precautions to limit or protect employees and customers from the risk of exposure to the deadly virus.

Keener approached Chip Johnson, WMC’s president and general manager, to express her concerns about the pandemic, her work environment, and the potential impact on her family. She asked to be allowed to work from home. None of the evidence was disputed by the employer.

Keener said WMC told her to use up her accrued vacation days and then take unpaid leave until the federal stimulus package allowed for her to be paid. Despite the assurances, she claimed the employer canceled her health insurance and discharged her with no notice. In fact, she said she was unaware of the discharge and continued to work until two weeks later, when she was told to turn in her keys and collect her last commission check.

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