Q: Non essential worker being asked to return to work everyday ,so she quit her job because of her family’s health concerns
I’m a designer in the hospitality industry and my employer asked me to return to work everyday during the pandemic even though non-essential offices are not allowed to reopen back. I asked my employer to lay me off because I feel anxiety coming to work everyday since I live with my grandma who has lungs complications. But my employer said they can’t lay me off and they asked me to come to work everyday instead of letting me to work from home. So I had to resign for my family’s health and my health concerns.Can I apply for unemployment benefits?
A:
Not returning to work when you are asked to do so will likely disqualify you from benefits. Nonetheless, apply and see what happens. It will cost you nothing to do so.
Good luck to you.
1 user found this answer helpful
A:
Mr. Pederson is right, costs nothing to apply, as long as you are truthful, there is no stigma about being turned down. Sounds like you may have additional claims against this employer for failing to obey the laws, and for CONSTRUCTIVELY TERMINATING you by putting you in a position where no reasonable employee would have an alternative but to quit. You should contact a local Employee Rights attorney in SF, there are lots of them there.
Justia disclaimers below, incorporated herein.
1 user found this answer helpful
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.
