As many individuals have anticipated, the pandemic has created new challenges in managing a workforce and introduced new litigation. Based on hotspots of COVID-19 litigation in California, this article addresses where employers should pay special attention to avoid future lawsuits. The article explains that most recent pandemic-related claims fall into one of two categories: employees were forced to resign, forced to take a leave, or terminated for voicing concerns about the lack of health and safety protocols; and employees were laid off ostensibly because of COVID-necessitated business changes, but actually because of something more nefarious. The article recommends employers help protect themselves by being mindful of their workplace safety guidelines and ensure that any layoffs are determined through non-discriminatory methods that do not unintentionally affect one group of people more than another.

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