Question Presented:

1. Whether an employee has a common law claim against an employer for the employer’s alleged violation of a public policy set forth in state law related to maintaining a safe work environment and, concurrently, whether an employee subjected to an unsafe work environment, in violation of public policy, may also pursue a common law claim for constructive discharge based on a single instance of being placed in an unsafe work environment.

2. Whether an employee is barred from pursuing a claim of negligence under section 1240(2)(A) of the Wagner Workers Compensation Law (WWCL) when the employer allegedly failed to provide a safe work environment during a novel pandemic.