Can I get sued if an employee catches the coronavirus?

Johnny C. Taylor Jr., a human resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society.

The questions are submitted by readers, and Taylor’s answers below have been edited for length and clarity.

Question: I’m a small business owner and my state is beginning to reopen. I’m excited to get back to work, but the virus hasn’t gone away completely. If one of my employees gets COVID- 19 when they come back to work, could I get sued?

Johnny C. Taylor Jr.: Thank you for asking this timely question. Just last week, news broke that Amazon is being sued for precisely this reason. And you can bet it won’t be the only instance.

I have a short answer. Yes, you could be sued.

The Occupational Safety and Health Administration requires that employers provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” In the context of COVID- 19, OSHA is advising employers to follow guidelines from the Centers for Disease Control and Prevention ( CDC) by taking temperatures, providing personal protective equipment, adding barriers, social distancing, sanitizing surfaces, etc.

That said, whether you would be held liable is an entirely different question. And the answer depends on where your business is located – and whether Congress takes action.

Although many businesses are advocating for it, at present, there is no federal COVID- 19 liability shield protecting U. S. employers. However, some states have passed laws granting immunity from COVID- related litigation.

Some of these state- level protections, such as those in Arizona and Michigan, pertain more narrowly to workers in health care or nursing homes. Others apply more broadly; North Carolina’s law protects essential businesses while Utah’s shields businesses and individuals from litigation when people are exposed to COVID- 19 on their property.

Now, depending on the state, an employee may need to prove that he or she contracted COVID- 19 while working which could be challenging to demonstrate. After all, an employee may have been exposed outside of the workplace and it could be difficult to pinpoint precisely where exposure occurred.

In short, business owners can’t completely eliminate the possibility of a lawsuit. However, they can minimize the risk by following CDC guidance, and they can help employees feel comfortable by clearly and consistently communicating about these measures, how they help, and what workers should do if they have questions or concerns.

Question: I am a medical biller and my job duties have been outsourced with my hours now reduced from 80 to 12. If I resign, can I file for unemployment?

Taylor: Yes, you could file for unemployment if you choose to resign. However, I encourage you to take a step back before you do so.

As I write this, 52% of U. S. employers have either changed employee hours, furloughed, or laid off workers to reduce costs and millions of Americans are looking for work.

If you haven’t already, you should have a respectful conversation with your employer. Is the reduction of your hours permanent or temporary? They may be unable to say. But it is worth asking because it enables you to decide whether you should wait, apply for unemployment, or perhaps find a new job.

As for unemployment benefits, you can file and may be eligible if you resigned from your job or, in some cases, even if you remain employed.

This is because employees facing factors beyond their control – reduced pay, decreased hours, relocation, medical reasons, etc. – may have no choice but to leave their job.