Q: If I quit my job as an essential worker after repeated exposure to COVID19 would I qualify to receive UI benefits?
I am employed through a staffing agency. My position is considered essential during this pandemic event. I am also considered high risk for serious complications if I am infected with the virus. The staffing agency does not offer any paid benefits for those of us who have to stay home although the company offers its employees paid LOA. The company is doing what they can to adhere to CDC guidelines but it would be impossible to adhere to them all. So far 4 employees have been confirmed positive for the virus indicating we have all been exposed. I can't afford to lose my income so what options do I have? Do I have a lawsuit? Would I qualify for unemployment benefits if I was not terminated, but quit my job due to the known risk? I have been unable to speak to anyone at the EDD office so I am asking my question here. There has to be others in my same position.
A:
According to the EDD guidelines, you can receive unemployment benefits if you leave work due to an undue risk of injury or illness. "A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or illness caused by health reasons, physical impairment, impairment of hearing, speech, or vision, pregnancy, or unsanitary conditions, temperature, or ventilation problems, adverse weather or climate conditions, or other working conditions." Title 22, Section 1256-15(b). Only the EDD can answer whether your situation applies.
As for a lawsuit, an employer has a duty to keep you safe. If you quit because of a legitimate health and safety concern, then you may have a claim for wrongful constructive discharge. However, your decision will be heavily scrutinized. There are a lot of rumors going around and it is difficult to confirm whether some has or has not been exposed to coronavirus. As long as an employer has a plan in place to protect employees and are adhering to the plan, it will be unlikely that the employer will be found liable. An employer can never guarantee non-exposure. All they can do is have a plan to limit exposure.
A: To add to my answer, it is also important that you consult with your doctor. According to EDD, a health concern alone will not necessarily afford good cause for quitting employment. EDD will normally require a statement from your physician.
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