Frequently Asked Questions

General Questions

What rights do I have to return to work after a layoff?

Your right to return to work depends on whether you are an “employee at will.” Such workers can be terminated without cause. However, employees under contract or with union membership may have protection. Of course, discriminatory discharge is actionable.

Do I have to sign a severance agreement?

A severance agreement should give time for the employee to consult with an attorney. In fact, it should encourage such action. Agreements without such language are subject to legal challenge.

Can I be forced to pay union dues?

Union dues are regulated by collective bargaining agreements. All unionized employers must provide a copy of the agreement to employees subject to union membership. A review of the agreement is necessary to determine whether union dues are required to maintain employment.

If I test positive for Covid-19, can I be fired from my job?

Covid-19 infection might create protection under the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). If you are perceived to have a disability without actually being disabled, you might have protection under the ADA. Consequently, a person who tested positive without a current infection could seek relief under the ADA if the employer discriminates against the employee.