With the COVID-19/Coronavirus outbreak sweeping across America, you as an employee should know your rights. With the latest amendments to the Family and Medical Leave Act and the Americans with Disability Act, and the newly enacted Families First Coronavirus Response Act, Americans may have a difficult time understanding their rights when it comes to their employment. We will be available to answer any and all questions you may have regarding your rights and other issues you may be having during these trying times.
We are also available to counsel, discuss, and represent you in relation to leaves of absences taken due to COVID-19, and any adverse actions taken against you in response to these absences. You may have certain rights and protections under the Family Medical Leave Act, Americans with Disabilities Act, the New Jersey Law Against Discrimination, New Jersey Workers Compensation Laws, and/or other Federal and State laws entitling you to payment of wages and benefits while forced out of work due to quarantine or other government mandated work closures.
If you have been sent home for coughing or exhibiting COVID-19 symptoms, you cannot be fired for having a perceived disability and exhibiting COVID-19 symptoms.
Furthermore, if you are of Asian heritage and you are being harassed, your employer must take steps to stop the harassment if they have been put on notice of the harassment occurring in your workplace. If you have a reasonable belief that your workplace is unsafe, you may be able to refuse to work without any adverse action taken against you.
We are remaining open for business at Castellani Law Firm as we are dedicated to fight for your rights and have the tools to be able to do so even away from the office. We are accepting new calls and clients during these extreme times and are staying focused on finding justice for those who have been wronged. The New Jersey State Bar Association advocated that law firms are an integral part of ensuring people have access to justice in these critical and uncertain times, and as a result we will continue to serve the community and those in need of justice.
Appointments can be made telephonically until Governor Murphy lifts his Executive Order banning gatherings, and if there is an emergency, we can make sure to accommodate you however is necessary.