Q: Can I sue my job if they are telling me that if I do not work during this covid situation, it is considered resignation?
I did my research for California. Its a non essential job. I work for a hotel but they are not housing victims and homeless as the state says needed to comply as essential. They furloughed lots of other positions, but told me that I have to be there. We are only housing 9 to 11 rooms per night in a hotel that has around 250 rooms total. I work as an auditor and asked to be furloughed due to the serious nature and then corporate got involved and said it is considered resignation. Is this unlawful if it does not fall into the category of essential business?
A:
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees 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 services may be clear for some industries and very unclear for others. And attorneys advising those employers and employees 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 and this employer is intentionally violating the Governor's Order, and it retaliates against you for honoring the order, there may be rights to sue for wrongful termination, but that remains to be seen. It is simply too early to tell.
Good luck and stay safe.
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