Anaheim, CA asked in Employment Discrimination, Employment Law and White Collar Crime for California

Q: Is this harassment to be quarantined by employer that is assuming another company has covid without symptoms or results.

I was working with contractors and a company man came out screaming for everyone to wear masks, as I was working and wearing a mask he saw mine was below my nose. As was his mask. As I pointed out his was below his nose, he sped off angry. Went to higher up and I’m now subject to quarantine because he is assuming I’m at risk now. Even though I get tested every week for covid. But since the contractors were not tested I’m now subject for quarantine? Something doesn’t sound right?

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

A: There is nothing wrong with a contracting partner of your employer complaining about you not wearing a mask properly, even if the complainer was doing the same. There is also nothing unlawful about your employer sending you home because of this complaint. The company your company is working for gets to make the rules.

Good luck to you.

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

A: "What is good for the goose is good for the gander." EXCEPT when the gander is a jerk supervisor, then you have to "Do as I say, not as I do." Sorry you have this problem but you probably don't have too many rights here other than to photograph this supervisor and report him for not wearing his mask correctly. You should contact HR and complain that he is retaliating against you for enforcing the mask rule against him.

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