SAN ANTONIO — As Texas prepares to reopen and allow businesses to fully operate with no capacity cap, employers will be calling back their staff to the workplace. One attorney shared what employees and employers can legally do should workers be hesitant to return during the pandemic.
Juanita Pelaez-Prada, managing partner at Begum Pelaez-Prada law firm, has experience in business and commercial disputes, labor and employment matters, and contract disputes. She says your employer must provide a safe environment and implement safety protocols that minimize risk of COVID-19 transmission.
When asked if an employee can be fired if he or she doesn’t want to return for fear of the coronavirus, Palaez-Prada said your employer can terminate you. Texas is an at-employment state, which means your employer can fire you at any time for any reason.
The exception is terminating an employee for an illegal reason.
“So, if they don’t show up to work, the employer might be able to fire them,” explained Paleaz-Prada.
If any employee has a health condition and wants to use it as a reason to not come to work, the attorney says the individual potentially could have a case.
“I go back to OSHA (the Occupational Safety and Health Administration) They could potentially have a complaint under OSHA. But that’s only if the work environment is not putting certain measures (in place) to ensure that the employees are in a safe environment,” Palaez-Prada said. “Put policies and procedures in place that will make their employees comfortable to returning to work. It really shouldn’t be that difficult.”
Statewide COVID-19 mandates are set to be lifted on March 10.