Lawsuit Alleges Tracy Employer Mandated That Employees With COVID-19 Work
A lawsuit filed in California Superior Court in Alameda County alleges that a Tracy, CA distribution center forced employees with COVID-19 to show up to work. The lawsuit names Safeway and Albertsons as defendants.
The lawsuit claims that not only were they forced to work, but they were forced to work six days per week instead of four or five as well as work longer, 16-hour work shifts.
The lawsuit argues that a Turlock man died because he caught COVID-19 because of negligence which occurred at the Safeway distribution center in Tracy.
The complaint states that the defendants put up a sign at the distribution center on March 20 informing employees that they did not recommend personal protective equipment (PPE) such as gloves or masks, contrary to federal and state authorities’ advice and guidance.
The complaint claims that employees at the distribution center started making complaints about dangerous working conditions and were threatened with retaliation which could cause termination.
The complaint notes multiple instances of authorities providing guidance, before the decedent tested positive for COVID-19, which the distribution center allegedly failed to follow.
Causes Of Action
The complaint looks to obtain damages for numerous causes of action:
The complaint argues the defendants breached their duty to provide their employees a safe workplace by not recommending PPE, forcing employees with COVID-19 to work and threatening them, not notifying employees that other employees had COVID-19 symptoms and may have gotten infected in the distribution center, failing to implement social distancing, failing to maintain housekeeping practices and more.
Gross negligence, under the law, is indicative of a lack of any care. The complaint seeks damages based on gross negligence, suggesting the defendants made no effort at all to deal with COVID-19 at the distribution center.
Violations Of Federal Occupational Safety And Health Act Of 1970
The complaint argues the defendants didn’t provide their employees with a safe workplace.
Violations Of The California Occupational Safety And Health Act Of 1973
The complaint argues the defendants violated this act in multiple ways by essentially doing nothing about COVID-19.
Fraudulent Concealment Of Injury
The lawsuit argues the defendants fraudulently concealed injuries by not telling employees that their coworkers had COVID-19 symptoms and may have caught the disease while at work.
The complaint argues that the decedent’s death was a direct result of the defendants’ negligence.