I work retail with 6 other employees. Recently the Assistant Store Manager has been sick. She says it's just a cold,

Expert's Assistant chat
Customer: Good evening. I work retail with 6 other employees. Recently the Assistant Store Manager has been sick. She says it's just a cold, however, she is continuing to come to work. She has not taken the initiative to get tested for covid. Today, our work mandated that all workers fill out the covid screening prior to coming to work. While at work, the assistant store manager said "I'm going to lie on my screening" where the Store Manager said "I didn't hear anything". My aunt has cancer, and my parents are both 60+. I find this neglect to create a safe work environment very concerning. Whether its Covid or not, should she be allowed to come into work? She is coughing constantly, sounds congested, complains of having hot spells, and difficulty breathing. A week ago, there was a confirmed case of Covid at our work place and that worker was off for 2 weeks. Is there a way I can approach my manager and mention I don't feel comfortable working with the ASM, while addressing how she is neglecting her responsibilities as Store manager by allowing the sick worker to continue working ?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No The HR is very close and buddy with the store manager. I am afraid to be penalized.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I do not belong to a union. What is an at will employee?
JA: The Employment Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I believe I included everything there is. I'm more than willing to answer more questions.
Answered by Joey in 5 mins 8 months ago
imglogo
Joey
10+ years of experience
logo

9916 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Joey
logo
logo
9916 Satisfied customers
logo
10+ years of experience
imglogo
Joey
10+ years of experience
logo

9916 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
Okay, I'm not sure if you've been updated on my situation.
Customer
Good evening. I work retail with 6 other employees. Recently the Assistant Store Manager has been sick. She says it's just a cold, however, she is continuing to come to work. She has not taken the initiative to get tested for covid. Today, our work mandated that all workers fill out the covidscreening prior to coming to work. While at work, the assistant store manager said "I'm going to lie on my screening" where the Store Manager said "I didn't hear anything". My aunt has cancer, and my parents are both 60+. I find this neglect to create a safe work environment very concerning. Whether its Covid or not, should she be allowed to come into work? She is coughing constantly, sounds congested, complains of having hot spells, and difficulty breathing. A week ago, there was a confirmed case of Covid at our work place and that worker was off for 2 weeks. Is there a way I can approach my manager and mention I don't feel comfortable working with the ASM, while addressing how she is neglecting her responsibilities as Store manager by allowing the sick worker to continue working ?
img

Joey, Expert

Good afternoon – sorry to hear about the situation. Under the law, you have the right to refuse unsafe working conditions.  If this person has COVID, they should be at home in isolation for 5 days as stated by medical officials. You should inform your HR department in writing of your concerns. If they don’t take action, you could file a complaint with the Ministry of Labour's Health and Safety Contact Centre by calling 1-***-***-****.

Does that help answer your question today or did you have any follow up questions?

Customer
The HR department is very buddy with my store manager. I fear sanctions, if i go to HR.
img

Joey, Expert

If you are targeted, you could file a complaint with the ministry and also sue your employer if they terminate your position.

img

Joey, Expert

Did you have any additional questions about this issue?

Customer
Sue them on what grounds?
img

Joey, Expert

If you are terminated for exercising your legal rights to safe work environment.

img

Joey, Expert

Did you have any further follow up questions?

Customer
at this point should I message my manager and say I have the right to refuse unsafe work. Until the sick person is removed from the work environment, properly tested, and unsymptomatic then I'll return?
Customer
Will it be taken out of my vacation time?
img

Joey, Expert

If you don't show up to work, you likely won't be paid.

Customer
I'm better off to go to work despite the unsafe work conditions.
img

Joey, Expert

That's your personal decision. I can only advise you as to your legal options.  You can call the Ministry of Labour's Health and Safety Contact Centre by calling 1-***-***-**** and they may investigate.

img

Joey, Expert

Did you have any further questions?

img

Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer