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?
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.