Rancho Cucamonga, CA asked in Employment Law for California

Q: Can I choose not to go to work during pandemic? Will I get fired. Will I get paid

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The answer to your question depends on many facts not included in your post. The general rule, of course, is that you have to work if you are scheduled to do so. In these crazy times, the general rule is only altered if the law gives you the right to countermand your employer's desire. If you work in an essential industry, you can be required to work unless you are sick, have a doctor's note allowing you to not be exposed due to an underlying medical condition, or if you have a documented need to care for another - a dependent adult or child who has no child care or school. And if you are in a medical or emergency services industry these reasons will not suffice. If you do not work in an essential industry as defined by government order, then you MIGHT be able to stay home and you MIGHT have a later legal claim if your employer retaliates against you for honoring the stay at home order. Things are simply unique and new and it is impossible to now know how the law will shake out on some of these issues.

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.

Good luck and stay safe.

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.