Howard Levitt: My employees say they have COVID-19 symptoms. I don’t believe them and want them back. What can I do?

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Howard Levitt: My employees say they have COVID-19 symptoms. I don’t believe them and want them back. What can I do?
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Workplace law expert answers your questions about the COVID-19 pandemic

My law office has fully reopened along with much of Ontario. Like many jobs, it is difficult to “lawyer” as effectively from the comfort of your home. At least in employment litigation, you require access to all of your files and be able to efficiently move between them and cannot risk that something was not scanned. And there is nothing quite like walking down the hall and having a spontaneous exchange of ideas.

Our back-to-work programs have been devised to protect employee and client safety, minimize discomfort and ensure that everyone follows the same rules. They also recognize that some will have greater concern than others due to their age, health or the condition of those with whom they reside. And if they have no alternative means of childcare, the employer can find daycare for them, either in the workplace or otherwise. The employee must then accept it, whatever their fears of their children mixing with others. Similarly, wishing to avoid public transit is not a reason to refuse work.

Q: I was laid off in April for economic reasons from my part-time job where I worked for about 17 months. My boss now wants to recall me in July full time — which I am not keen on. Can I refuse? In the circumstances, however, since your job was part-time and you only worked there for 17 months, you could not claim very much in damages.

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