Lawsuit alleges employee was fired after reporting positive COVID test
The lawsuit claims that his dismissal violated his right to Emergency Paid Sick Leave, a provision of the FFCRA.
A man in Florida is suing his former employer for allegedly failing to provide paid sick leave while the plaintiff self-isolated after testing positive for COVID-19. In the lawsuit, filed last week against LightGrid LLC, John Gavigan alleges he was terminated shortly after reporting his positive COVID-19 test to his supervisors and affected coworkers. The lawsuit claims that his dismissal violated his right to Emergency Paid Sick Leave (EPSLA), a provision of the Families First Coronvirus Response Act (FFCRA).
According to the complaint, Gavigan was told that he was being terminated for breaking safety protocols, as well as discrepancies in reporting his symptoms. It goes on to note that, under the provisions of FFCRA and the EPSLA, employers are prohibited “from discharging any employee because the employee took qualifying paid sick leave and requires an employer to restore an employee to the same or equivalent position after taking qualifying leave.”
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