Podcast #207 – Legal Employment Rights in the Time of COVID-19 with Phillis Rambsy
This week, I will be interviewing Phillis Rambsy of Rambsy Law. Here is a snippet from her website:
Phillis has a wide range of legal experience, and prior to founding Rambsy Law; she was a litigation attorney and partner at a number of outstanding law firms. She has handled matters involving complex commercial litigation matters; personal injury actions; and employment disputes. Her work in employment law allows Phillis to represent clients in areas of wrongful termination, sexual harassment, race, gender, and age discrimination; and discrimination based on disability. She also represents clients in contract matters, including contract negotiations for employment and severance contracts, and disputes involving non-compete agreements. Phillis is also especially interested in ensuring that individuals reach their professional goals, and therefore, often provides assistance to emerging entrepreneurs.
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Now on to the podcast…
Going Back to the Office
Depending on how flexible your job is will be a major factor in whether your employer can require you to back to the office. Not all jobs can be done virtually.
Many jobs we thought prior to the pandemic could not be done virtually. That has changed.
This may be the time to rethink what you are doing.
Is the employer required to make accommodations because you live with someone with disabilities? No, however, they cannot discriminate because you are associated with someone with disabilities.
Can My Employer Make Me Get Vaccinated?
The short answer is ‘yes’ but the legal answer is always it depends. Here is the EEOC ruling.
This is nothing new. Employers and educational institutions have long been able to require you to get vaccinated.
There are medical and religious exceptions but not always.
Learn about the vaccines and talk with your family. This is just like estate planning. You need to plan.
Phillis says you need to document, document and document.
It is not likely there will be direct evidence but there will likely to indirect evidence.
Document every few days. Keep a journal.
Consult an attorney to understand what to do before something happens. Think of this as going to the doctor.
Keep a special bank account and put money away. This is an emergency fund.
Attorneys can give you the language that you should use.
How to Find an Employment Lawyer
You should go first to NELA.org which is the National Employment Lawyer Association to find an attorney. Most states have a NELA affiliate which is also a resource.
You need to trust your attorney so it is alright to get a second opinion.
Ask for what you want. If you do not ask you do not get.
Contact Information for Phillis Rambsy
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