Azusa, CA asked in Employment Law, Business Law, Civil Rights and Health Care Law for California

Q: My company does not comply with the State of California's "Stay at Home" order and is not within the critical businesses

While many of my company's employees have began working from home, a few departments are being required to go into the facility to continue work.

The company is not within any of the critical business sectors outlined within "https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf".

How should the employees proceed?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: First, you should comply with the state Stay at Home order as best you can. If you have a critical position within the company, you should discuss the issue with your immediate management or someone in Human Resources, if there is one in your company. Generally, use good common sense for yourself and your family. Learn everything you can about how to keep yourself and your family safe during this time.

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential government services be clear for some industries and very unclear for others. And attorneys advising those employers cannot know for sure if those fringe jobs fall in or outside the Order. This is all so new.

Ultimately you have to make personal decisions that are best for you and your loved ones. If that means leaving your job to shelter in place, then you have to do that, especially if you or any close loved ones are in the high risk category. If you are correct that your employer is clearly not within one of the essential services listed in the order and you are terminated for complying with the order, you may eventually have a claim for wrongful termination.

Good luck and stay safe.

1 user found this answer helpful

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