Burbank, CA asked in Employment Discrimination and Employment Law for California

Q: Can i do anything to get my employer in trouble

Working at subway franchise my employer told everyone to get tested for covid-19 and everyone one did but i didnt want to because it isnt mandatory and they kept pressuring me and my district manager called and got aggressive on the phone so i felt forced and uncomfortable and all i asked was for something saying it was mandatory like some sort of paper work from the company or city saying that i get tested and she could not say anything except to yell and say it doesnt make sense that i dont want to get tested and that she didnt have nothing to give me and since that happened 30 put in a request for me to get transferred to another store and when I asked why they said they did not need to discuss store decisions based on business and that transfer would be a two-hour bus ride away to Long Beach and I told them I would not be able to make that trip because I chose this location because I take the bus so I wonder if there is anything with all that that they are doing that is wrong being

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: In California you are considered to be an at will employee unless you have an agreement with the employer regarding that status to the contrary. The employer of an at will employee can change the terms and conditions of employment at any time and for any reason or even for no reason at all. That means your employer can change the location you are required to show up for work. It does not matter if the employer moves you hours from your prior workplace. Your choice is to accept to change or quit.

As to the testing, an employer is allowed to require an employee to engage in a fitness for duty evaluation, which can include such a test. Given the present situation with Covid, it is likely legally acceptable for an employer to require such a fitness for duty evaluation.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: This is the same situation as the previous post, except you did not mention anything about training off the clock. See preior response to prior post.

Now the question that you raise is: Who paid for the testing? It sounds from your post like the employees were being required to pay for the testing that was required by the employer, THIS IS PROHIBITED BY THE LABOR CODE. If an employer wants an employee to take a med exam or take a med test to determine qualification for employment, the employer pays for it.

The fact that you bitched about having to take the test does not protect you. If you were also being required to pay for your test and that was part of your gripe, you may be protected. I suggest again that you take ALL THE FACTS to the Labor Commissioner, they have jurisdiction over it.

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