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Can an employer order an employee who is identified as high risk to come back to work if they have no COVID 19 symptoms?

man with covid symptomsNew York City Employment Law

The COVID-19 pandemic has wreaked havoc on the lives and livelihoods of millions of Americans. Nearly everyone knows someone or is related to someone who has contracted the virus. It has become real and tangible for people across the country. Employees who have been working from home for some time, may be reluctant to return. The question of where your employees may work, is for the most part up to the employer.
Essential workers, that is those who cannot perform their jobs except at the office, may be directed to return to work unless they are sick with COVID 19 or anything else. Even if your workers are not “essential,” that is some or all of their work can be performed from home, it is the employer’s choice where that person should work, so long as they are not sick.
However, the ongoing and unmitigated spread of the virus, the new variants, the slowness of the vaccine rollout, among other things has put many people on edge. It is unclear whether an employee who does not have COVID can refuse to come to work because he is afraid of getting COVID without being subject to termination., Is termination any less an option for an employer if the employee has an underlying health condition that makes getting COVID riskier.
You should discuss these matters with an employment law attorney New York City. A New York City employment law attorney will give you the insight you need to make the right decision. If your employees are refusing to come to work you should speak to a New York employment law attorney at the Egan Law Firm before you respond.

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