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Fired? Afraid You Might Be?

 

Tom Spiggle, a longtime Washington, D.C. area employment law attorney and author of the new book, “Fired? Afraid You Might Be?”, says under state and federal laws, employees do not have to stay at a workplace during a natural disaster. He has been asked about this legal issue after recent reports that
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employees at a Tennessee factory were swept away by flooding during Hurricane Helene. 

He answers three common questions below:

1) If you are fired for leaving your job during a natural disaster, what recourse do you have?

If you are fired for leaving an unsafe workplace, you could file a complaint with the Occupational Safety and Health Administration or sue under applicable state law. If OSHA finds that your rights were violated, you can receive reinstatement and back pay. Under some state laws, you could be entitled to additional damages, such as for emotional distress.

There are other options if the lack of safety leads to a physical injury or even death. If the employer was grossly negligent, then in some states, you could bring a wrongful death or personal injury lawsuit. The awards are much higher in those than under a typical worker compensation claim.
 
2. What should employers do before a natural disaster?


Workplaces need to have clear policies on what workers should do in the case of a national emergency. In addition, managers should stay in close contact with employees during an emergency to warn employees when they need to leave the workplace. This includes providing instructions in a manner that can be understood by workers who speak a language other than English.

3. What are your rights after a natural disaster hits?


After a natural disaster, an employer can require employees to return if the workplace is safe. However, an employer would not have this right if there is a national or state emergency declaration for the area, even if the workplace itself is arguably safe. Note that some union contracts provide more generous rights to employers — for example, more time off — in the case of a national disaster. 
 
If your workplace is safe, but you cannot get to work due to damage to personal property, your rights are more limited. For instance, an employer may be able to terminate you for failing to come to work. Even if the employer does not terminate you, you likely have limited rights to pay for missed work. For non-exempt hourly workers, an employer is generally only required to pay for actual hours worked. Even salary workers are not entitled to pay if he or she misses an entire week of work. Employers can also require you to use paid time off for days missed from work.  Other statutes, like the Americans with Disabilities Act and the Family and Medical Leave Act, may apply to workers unable to get to work due to an injury.
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