In this case, the employer is a medium-sized ENT office. Some employees are young single mothers who don't have the resources to comply with this. The question also applies to non-medical employers, of course.

1 Answer 1


Depends on your definition of "require".

In case of at-will employment — where the employer can fire an employee for any or no reason (other than that being discrimination of a member of the protected groups) — it would be perfectly legal for the employer to fire an employee who does not comply with that request.

But that aside, no (unless such testing was a term of the employment agreement, be it written or verbal). No party to a contract can require the other party to perform what the contract terms did not include.

  • Thanks for this response. In a right-to-work state I would guess that at-will employment is not assumed but would be stated specifically in sign-on documents, but I'm not sure. This question may have been better phrased as 'if an employer has received a covid-19 SBA loan, can they require covid-19 employee testing to be done at employee's expense'. I have a feeling that 'rules' concerning covid-19 responses are changing daily.
    – Knoblock
    Apr 30, 2020 at 13:48

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.