May employers fire employees (in non-health care sectors) if they refuse to follow the company’s rules to control infection and increase hygienic practices during a pandemic?
Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category: Layoff/Termination/Firing
Answer:
You should consider other options before turning to termination, but any terminations should be consistent with company policy and must be nondiscriminatory.
(See the Department of Labor’s Occupational Safety and Health Administration or call 1-800-321-OSHA on workplace safety and health issues.)
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
