• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employer Asking For COVID Testing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
C

cm101010

Member
California

Hello! Quick question. My wife works for a very small company and was recently exposed to someone who had COVID. She started self quarantine but her employer is pressuring her to go get a test (aggressively). So my question is this.

1. Can they ask he to go to a big city or anywhere to get test? They are doing it on a messaging app with other people on the thread. This seems like its again the disabilities act for examination information. Shouldn't they at lest provide it? They are not offering to pay.

2. Should this be on paperwork and not a text threat? It seems very inappropriate.

I've looked up:
California Consumer Privacy Act (CCPA)
U.S. Equal Employment Opportunity Commission (Pandemic Preparedness in the Workplace and the Americans with Disabilities Act

but I don't know enough to get a solid answer.

In all we just want to be safe and quarantine for 14 days to make sure she is being safe. We don't even mind taking the time off (they don't offer sick days), but they are being aggressive about trying to make her get tested. I just don't like how this is going.

Please help with Advice!!! Thank you!
 
Last edited:


PayrollHRGuy

PayrollHRGuy

Senior Member
1. There is nothing illegal about an employer requiring the test.
2. The request to be tested is not protected information.
 
C

cm101010

Member
Do they have to provide the test? It's considered an examination correct? How is asking for this information on a text with multiple people inline with privacy laws if she is the only one getting test?


PayrollHRGuy said:
1. There is nothing illegal about an employer requiring the test.
2. The request to be tested is not protected information.
Click to expand...
 
PayrollHRGuy

PayrollHRGuy

Senior Member
cm101010 said:
Do they have to provide the test? It's considered an examination correct? How is asking for this information on a text with multiple people inline with privacy laws if she is the only one getting test?
Click to expand...
The employer would be within their rights require a copy of the test and is under no requirement to pay for the test.

Again, asking that employees be tested is not private information.

cm101010 said:
Can they try to force a test when you said you would rather quarantine?
Click to expand...
They can make it a requirement to keep the job.
 
LdiJ

LdiJ

Senior Member
cm101010 said:
California

Hello! Quick question. My wife works for a very small company and was recently exposed to someone who had COVID. She started self quarantine but her employer is pressuring her to go get a test (aggressively). So my question is this.

1. Can they ask he to go to a big city or anywhere to get test? They are doing it on a messaging app with other people on the thread. This seems like its again the disabilities act for examination information. Shouldn't they at lest provide it? They are not offering to pay.

2. Should this be on paperwork and not a text threat? It seems very inappropriate.

I've looked up:
California Consumer Privacy Act (CCPA)
U.S. Equal Employment Opportunity Commission (Pandemic Preparedness in the Workplace and the Americans with Disabilities Act

but I don't know enough to get a solid answer.

In all we just want to be safe and quarantine for 14 days to make sure she is being safe. We don't even mind taking the time off (they don't offer sick days), but they are being aggressive about trying to make her get tested. I just don't like how this is going.

Please help with Advice!!! Thank you!
Click to expand...
Are they being aggressive because they need her back at work as soon as possible? Or, are they being aggressive because they are scared of catching it themselves and want to know whether or not she has it?
 
PayrollHRGuy

PayrollHRGuy

Senior Member
LdiJ said:
Are they being aggressive because they need her back at work as soon as possible? Or, are they being aggressive because they are scared of catching it themselves and want to know whether or not she has it?
Click to expand...
It really doesn't matter "they" are her employer.
 
Zigner

Zigner

Senior Member, Non-Attorney
cm101010 said:
California

Hello! Quick question. My wife works for a very small company and was recently exposed to someone who had COVID. She started self quarantine but her employer is pressuring her to go get a test (aggressively). So my question is this.

1. Can they ask he to go to a big city or anywhere to get test? They are doing it on a messaging app with other people on the thread. This seems like its again the disabilities act for examination information. Shouldn't they at lest provide it? They are not offering to pay.

2. Should this be on paperwork and not a text threat? It seems very inappropriate.

I've looked up:
California Consumer Privacy Act (CCPA)
U.S. Equal Employment Opportunity Commission (Pandemic Preparedness in the Workplace and the Americans with Disabilities Act

but I don't know enough to get a solid answer.

In all we just want to be safe and quarantine for 14 days to make sure she is being safe. We don't even mind taking the time off (they don't offer sick days), but they are being aggressive about trying to make her get tested. I just don't like how this is going.

Please help with Advice!!! Thank you!
Click to expand...
What in the WORLD is your aversion to testing???
How does your wife intend to prove to the employer that she has, in fact, remained quarantined? (She can't)
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top