Frayo

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Ryan Owen Frayo was a salesman employed by A&A, owned by husband and wife, Andrew D. Martin and Aimee M. Raphael-Martin2. In August 2020, at the height of lockdowns and business shutdowns due to the COVID-19 pandemic, Frayo was a leading salesman for A&A. When the pandemic started, A&A implemented COVID-19 guidelines to protect A&A’s employees and their families, including a requirement that its employees provide a negative COVID-19 test before returning to work if they were exposed to or exhibited symptoms consistent with the virus. On May 17, 2021, Frayo sent text messages to Martin stating he was not feeling well, woke up drenched in sweat, and had a pounding headache. Pursuant to A&A’s COVID-19 guidelines, Martin requested that Frayo complete a COVID-19 test from a CVS pharmacy3 before returning to work. Frayo responded he did not want to get a COVID-19 test. Martin told Frayo “[i]f you decide not to take the test tomorrow, we will consider this your resignation.” The next day, Martin called Frayo to ask if he had taken the COVID-19 test and if he could provide Martin with the results. Frayo again declined, stating he was…