Q: My employer, not essential, is asking for me to return to work even tho shelternplace has not lifted; can i say no safel
Due to COVID-19 I chose to shelter in place due to an elder mother with health problems. My employer stayed open to the public, despite not being essential business. I do not feel its safe to return unless the governor lifts the shelter in place. will saying no be the same as quitting, despite that I do not want to quit and have offered (and can) do the job from home?
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 government 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.
If you are correct and the employer is not an essential business, and if making you come back to work is a violation of the Governor's stay at home order, then you might have a claim of wrongful termination if you are let go because you did not wish to violate the Governor's order. It is simply too early to know if that will become a viable legal claim or not.
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.
