Legal Insider: Employers and Employees Prepare for COVID-19 Lawsuits

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Given the pandemic, and the current state of the economy, many employment lawyers for businesses and employees are preparing for a number of lawsuits related to COVID-19. There are many different types of potential employee civil claims that will ultimately arise as a result of the pandemic, the economy, layoffs and terminations.

The following are just a few examples of the type of litigation that may be on the horizon.

Negligence Claims Against Employers

One of the first types of claims that we expect to see in the near future are lawsuits filed by employees related to them getting sick from COVID-19.

It is likely that we will see some employees claim that they were subjected to work-related risks and were infected by COVID-19 as a result. It is too early to see whether or not Virginia, different states or the federal government will enact legislation limiting liability for these employers. Some of these claims may likely be based on employers that did not follow the letter of Executive Orders from the Governor or other relevant government medical authorities.

Some states may decide to make employers immune from such liability by expanding workers’ compensation coverage to make it easier to claim injuries without proof that it occurred at work. This would essentially shift liability from businesses to the state or create a hybrid solution. Businesses are likely to need this type of relief from the state.

Discrimination Claims Against Employers

One of the other types of claims that we are likely to see by employees involves discrimination claims with respect to pandemic-related terminations and layoffs. These are likely to be claims arguing that some employees were retained or terminated in a discriminatory fashion. For instance, we may see arguments that retention of employees was illegally based on race or sex.

Claims for Unpaid Wages

Another area that we are likely to see employee lawsuits filed over involve unpaid wage claims related to the pandemic.  Many employers have been adversely affected and became insolvent immediately, unable to pay employees. Other employers may have thought that they could delay payment of wages to employees during the pandemic, which is illegal.  In either case, a number of employees are likely to file such claims in the coming weeks and months.

Contact Us

It is too soon to tell all the ways in which the pandemic will affect employer-employee claims, but they are likely coming in the near future. If you are in need of employment law representation or advice, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.