NewsPalm Beach CountyRegion C Palm Beach CountyWest Palm Beach

Actions

Employment attorney says businesses are 'free to operate as they wish'

Posted
and last updated

Viewers of WPTV have questions about employee rights with regard to coronavirus, their health and safety when working, and they've been sounding off on our social media accounts about them. Viewers have asked: Can I be fired for not showing up to work? And is my employer required to provide protective equipment?

Fitness Hub Studios, a place that offered approximately 100 on-site group classes a week with 20 instructors on schedule has closed its doors.

“All of that came to an end as of last night,” said Krystal Campi, Fitness Hub Studios general manager. “So all of those people are without income.”

The closure's out of safety concerns related to the coronavirus. Trainers will provide two group classes a day on YouTube. And discounted personal training sessions for $70, down from $135.

”We protect both members and our staff,” said Faviana Dantonio, Fitness Hub Studios fitness director.

WPTV went to an employment attorney to learn more about the rights of employees in retail, construction and everywhere in between.

”That hairstylist - that studio - whatever may apply, they have to make that personal decision,” said Arthur Schofield, P.A., employment discrimination attorney. “Are they going to continue to drive those services knowing they create a greater risk of contracting or are they going to discontinue providing those services but then of course at a loss of income.”

We also asked: Can an employee be fired for not working - out of concern of contracting the virus?

“Absolutely,” Schofield said. “Most employment relationships in Florida are governed by what’s called the ‘at will doctrine.’”

He also says other than restrictions imposed by the state and local governments businesses are “free to operate as they wish.”

“Is the continued employment and the income of primary importance or is it your own safety and the safety of your family,” Schofield said.

Nothing has changed in terms of unemployment benefits for people losing their jobs due to the coronavirus. The maximum that a person can receive in the state of Florida is $275 per week for 13 weeks. But during past crises it has been expanded to 26 weeks.