Asked in Employment Law for California

Q: Fired for being sent home due to a covid exposure at work

My younger brother worked for a certain large blue retail company in California. He called in to work to see if he worked and was told by his supervisors that his coworker was covid positive. They told him to stay home, quarantine, and take a covid test. He did just that. He stayed home, quarantined, and tested negative. The day he decided to go to work to turn in his test and pick up that pay periods check they told him he was terminated. Does he have any sort of recourse that he can pursue to either get his job back or file a claim? If so on the latter what department would that be?

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

A: Far more would need to be known about the situation. Being terminated after returning from leave could be unlawful, but it could also be lawful, depending on the circumstances. Your brother is going to have to locate and consult with an experienced employment law attorney as soon as possible to explore his facts and determine his options. I would suggest he look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning your brother can hire an attorney without paying any money until the matter results in a positive outcome for him. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep him from finding a good attorney.

Good luck to you and to your brother.

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