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Can I be fired because I asked to Work from Home during the Corona virus (Covid-19) outbreak? (Answers and Resources)

As the Covid-19 corona virus virus continues to effect the Seattle area, King County and our entire region in dramatic ways, my law firm is beginning to get the first calls from people who have been fired or otherwise separated from their jobs because of the virus. It is often unclear if you have any legal protections or remedies in these situations without discussing what happened in detail with an attorney. So, the information here is not provided as legal advice, if you wish to find out more about your potential legal claims go here to share what has happened to you. We will get back to you as soon as we can.

In the meantime,  I've put together a list to help employees connect with resources they may need right away.

If you live in Seattle or Washington, or work for a Washington Company, and you or a family member is sick requiring you to stay home to care for yourself or that family member you may qualify for paid sick leave. See: Full Pamphlet PFSL. 

If you have been fired or laid off from your job (Do Not Quit - but see above) you may qualify for unemployment benefits. See: ESD benefits.

If you develop a disorder related to the epidemic, such as an anxiety disorder, that requires accommodation by your employer (work from home?) you may have the right to negotiate for that accommodation, and doing so may protect your job. In the coming days working from home may be required by law. See: The Law. 

If you contract the virus at or through your workplace, your medical care may be handled through a claim with Labor and Industry: See: Labor and Industry Claims: Coronavirus 

For Businesses:

What can Employers do to mitigate the loss to their businesses and to their employees? First abide by all government safety recommendations. Safety first. There are programs in place to help with the economic toll. Apply for them now even if you aren't sure you will need them. For example, if you need to cut your employees hours they may be eligible for a special program to make up the lost wages. See: Apply for ShareWork Program.   

For Employees:

Unemployment Benefits FAQ:

Q.  The school I work at is closed due to the Governor’s order to close. Am I eligible for unemployment benefits?

A.  If you are being paid by the school while your school is closed, you can apply for benefits, but you may be considered fully employed and not eligible. If your school is not paying you while it is closed, you may be eligible for benefits. You will have to be able, available and actively seeking work during each week you claim, unless you are approved for standby. Eligibility decisions are made on a case-by-case basis.

Q.  My child’s school is closed due to the Governor’s order to close. Am I eligible for unemployment benefits?

A.  It depends. If you cannot go to work because you don’t have childcare for your child while school is closed, you should call your employer and let them know why you are absent. If your employer fires you or lays you off while you are absent, you may qualify for benefits.  However, you are required to be able, available and actively seeking work each week you collect unemployment benefits. If you do not have childcare so that you can return to your job or accept a work offer, you will not be eligible for unemployment benefits. If your situation changes, let us know. Remember, your first and best option should always be employer-paid time off.

Q.  I am a substitute teacher who is no longer able to secure work with a school because of the closures. Am I eligible for unemployment benefits?

A.  You may be eligible for unemployment. You will have to be able, available and actively seeking other suitable work during each week you claim. Eligibility decisions are made on a case-by-case basis.

General (non-legal) FAQ:

Q: How long can CoVid-19 survive (remain viable and infectious) on surfaces?

A:  Human coronaviruses, such as SARS and MERS, have been found to persist on inanimate surfaces -- including metal, glass or plastic surfaces -- for as long as nine days if that surface had not been disinfected, according to research published earlier this month in The Journal of Hospital Infection. [But remember the highest number of transmissions occur by breathing in droplets in the air that contain the virus such when someone nearby coughs or sneezes. So besides cleaning surfaces - social distancing remains an important prophylactic to catching the virus.]

Cleaning with common household products can make a difference, according to the research, which also found that human coronaviruses "can be efficiently inactivated by surface disinfection procedures with 62-71% ethanol, 0.5% hydrogen peroxide or 0.1% sodium hypochlorite" or bleach within one minute.

"Based on the current available data, I would primarily rely on the data from SARS coronavirus, which is the closest relative to the novel coronavirus -- with 80% sequence similarity -- among the coronaviruses tested. For SARS coronavirus, the range of persistence on surfaces was less than five minutes to nine days," said Dr. Charles Chiu, an infectious disease professor at the University of California, San Francisco, and director of the USCF-Abbott Viral Diagnostics and Discovery Center, who was not involved in the new study.

"However, it is very difficult to extrapolate these findings to the novel coronavirus due to the different strains, viral titers and environmental conditions that were tested in the various studies and the lack of data on the novel coronavirus itself," he said. "More research using cultures of the novel coronavirus are needed to establish the duration that it can survive on surfaces."

Q. Should I avoid contact with Pets, If I am sick?

A.  You should restrict contact with pets and other animals while you are sick with COVID-19, just like you would around other people. Although there have not been reports of pets or other animals becoming sick with COVID-19, it is still recommended that people sick with COVID-19 limit contact with animals until more information is known about the virus. When possible, have another member of your household care for your animals while you are sick. If you are sick with COVID-19, avoid contact with your pet, including petting, snuggling, being kissed or licked, and sharing food. If you must care for your pet or be around animals while you are sick, wash your hands before and after you interact with pets and wear a facemask.