I was recently terminated from my employer. I was employed for a medical marijuana corporation. I contracted COVID-19 while at work. They mandated that I do not return to work for a minimum of five days. They have a policy in place called CARES, which provides employees paid time if they contract the COVID-19 virus. They refused to pay me any CARES time because they require an employee be vaccinated. I strongly believe that this company policy discriminates and is in violation of [Title VII of the 1964 Civil Rights Act.] After research, it led me to believe that they are using a facially neutral employment practice or policy. These policies do not appear to be discriminatory on its face; rather they are discriminatory in the application or effect. In this case, they are discriminating against those who are not vaccinated. A company should offer the same benefits to all employees, unless the employees in the company formed a union. Their policy states exemptions for individuals with medical conditions or religious beliefs. These exemptions qualify an individual from being vaccinated. I qualify for this exemption, and they did not accommodate. I had a telephone conversation with HR about my concerns and how I felt I was being mistreated. Upon further investigation, I discovered that I was approved CARES time previously. HR informed me that it was an error and that they let stand. This “error” was submitted by management, which was then approved by payroll, on two separate occasions. Not only is there proof that they went against their own policy, but it also shows that they can give any employee CARES time. They are simply choosing not to give all employees the same benefit. HR informed me at that time they could not give me a resolution, they were going to discuss it with Leadership and get back to me. I told HR that I understood and that if Leadership is available to discuss this matter with me, I would like them to hear what I have to say. The following day, HR and my store manager called and informed me they could not come to a resolution, and chose to terminate me from the company. When I asked HR if I could speak to Leadership about discussing this issue further, I was ignored. I have tried to contact my former District Manager, as well as the corporate office. Since this issue occurred, they have continued to avoid me and not return my phone calls.
I have worked for this company since 2019. I have been an essential worker since the beginning of the pandemic. I know I contracted COVID-19 from an employee during work, because they were showing symptoms. Before I had tested positive, this individual also contacted other employees who worked that day, to warn us about possibly contracting COVID-19 from them. We also had to quarantine at the same time period, which is documented. I am not blaming this individual; I am simply proving evidence that I did indeed contract COVID-19 while at work. [An illness caused by work exposures can be considered an injury or an occupational disease. Occupational diseases are those identified by the PA Workers’ Compensation Act, as well as the diseases that occur more often in specific jobs or industries. Exposure to COVID-19, which resulted in the illness, would most likely be considered an injury, but could also be an occupation disease depending on the type of work performed.] Regardless of opinion about the COVID-19 vaccine, it is unconstitutional to require an individual be vaccinated. My body, my choice. There are employees at this facility who are vaccinated, have a booster and repeatedly test positive for COVID-19. One vaccinated individual tested positive for COVID-19 on four separate occasions and every occurrence they were compensated. Yes, I am not vaccinated, but this is the first time in two years that I have tested positive for COVID-19. Other employees abuse the policy to get paid not to work. I am a responsible employee and if I am not at work, I am typically at home with my significant other and dog. All I wanted was to be treated fairly. I assumed my employer would cover the days I was absent, because I contracted COVID-19 at work. I also was a dedicated essential worker for them since the beginning of the pandemic. Unfortunately for myself, I was incorrect in believing in my employer, and that they would be dedicated to me in return.
I became a medical marijuana patient because I have anxiety. Medical marijuana has also helped me with my depression, chronic pain and recovery from drug and alcohol addiction. I began a career with this company because I was passionate about medical marijuana, and I wanted to help other patients find relief similar to how I did. Since dealing with this issue, it has resulted in me having even more anxiety, as well as depression, loss of appetite and sleep, not to mention the financial burden this has put me in. I feel that the way my employer handled this issue was morally and ethically wrong. They do not CARE about their patients, and they certainly do not CARE about their employees. I feel as though I was punished for I expressing my concerns, as well as their errors and flaws, to which they then retaliated against me. I am trying to get some attention on this issue. I know that I am not the only employee this has happened to. This will continue to happen, at all companies, until something changes. I have chosen to speak up and I will stand, for myself and my fellow colleagues. Even if I do not benefit from this, I hope that by doing so, someone else will. Thank you for reading.