We are reopening after business closure due to COVID-19. Can we bring some employees back, but not others?

Can we screen employees returning to work for COVID-19?
April 27, 2020
Some of our employees have said they don’t feel safe returning to work. Can we just permanently replace them?
April 29, 2020

Yes. If you are recalling some positions, but not others, you should document the business reasons why only those positions were recalled. If you are recalling some employees in a certain position, but not everyone in that position, you should document the objective, job-related criteria you used to decide which employees to bring back. Seniority or previous job performance, for example, would be acceptable criteria and relatively easy to defend if you are ever challenged.

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