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Worker with COVID-19 sues Utah employer

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COVID-19

A nutritional supplement company worker who became ill with COVID-19 along with her disabled daughter and roommate has filed suit against the company, charging she was threatened with termination when she complained about the company’s safety procedures.

Juana Victoria Flores worked on the production line of American Fork, Utah-based Built Brands LLC, according to last week’s lawsuit filed in state court in Utah in Juana Victoria Flores et al. v. Built Brands LLC. The lawsuit was first reported by the Ohio Employer Law Blog.

In mid-March, when rumors began circulating that an individual working on one of Built Brands’ production lines had contracted COVID-19, the company held two separate meetings at which employees were threatened with termination if they discussed anything related to a COVID-19 infection at its facilities, according to the lawsuit.

On April 5, Ms. Flores learned of four other employees who had become sick, and on April 7 she sent an email to the company’s human resources department expressing concern about the situation but received no response, the lawsuit states.

Ms. Flores, as well as her daughter, Andrea, who has Downs syndrome with respiratory cardiac deficiencies, and her roommate subsequently became ill with COVID-19. Her daughter remains in critical condition in a hospital, while Ms. Flores and her roommate are in quarantine, according to the lawsuit.

The lawsuit charges the company with gross negligence, willful misconduct and reckless infliction of harm.

The company did not respond to a request for comment.  However, according to a media report, it has issued a statement that says it has done its best to combat COVID-19, including closing its facility to sanitize it, and contending that the lawsuit’s allegations are false.

Five McDonald's workers in Chicago filed a class-action lawsuit against the fast-food chain on Tuesday, accusing it of failing to adopt government safety guidance on COVID-19 and endangering employees and their families.

More insurance and risk management news on the coronavirus crisis here.