What do you do if your employer wants to know a family member's coronavirus test results? Christopher Wells believes his employer didn’t have any business seeing that. Now he’s out of a job and suing his prior company, alleging wrongful termination.
Christopher Wells believes his employer didn’t have any business seeing his mother’s COVID-19 test results. Now he’s out of a job and suing his prior company, alleging wrongful termination.
— Letter from Enterprise Rent-A-Car to Christopher Wells While the case works its way through court — like so many others related to the outbreak — companies are grappling with how they can safely bring back workers and customers. More than one-third of approximately 750 companies said one tactic will be COVID-19 screenings and assessments, according to a survey from Mercer, a human resources consulting firm.
A doctor later diagnosed her with the flu and an upper respiratory infection, Wells said. Though she ultimately got a COVID-19 test, Wells said she has not shared the results with him. A human resources official told Wells to get tested, and, in an April 2 termination letter, said he was refusing to get tested. “I also asked that you follow up with your family member and keep me posted on your status, as well as your family member test results,” the letter said, noting it had been difficult to get a hold of Wells.
The termination letter said Wells was being “reckless given the current pandemic,” and fired him for “gross insubordination.” Wells, now out of a job, never ending up getting a test. He said as he looked into getting a test, but maintains that he didn’t fit the criteria to get testing because he didn’t have enough symptoms.
There, Sharon Rennert, senior attorney adviser, said the Genetic Information Nondiscrimination Act “prohibits employers from asking employees medical questions about family members.”
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