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

Q: Did not get my hours back after having Covid, they actually denied me hours and have taken my access to employee logins.

Told me I needed to talk to Gm “he was out of town “. I called office more than once they couldn’t put me back on the schedule until he said. I’m a server so we can cover shifts I put in for a few and they were denied by management. I have screenshots of the reasons stating “no reason “. I no longer have access to this web page but luckily I took screenshots before that happened.

1 Lawyer Answer

A: If it can be established that you lost hours or even your job because you contracted Covid-19 and needed to quarantine and heal, then you likely would have a case for violation of the Fair Employment and Housing Act, and probably wrongful adverse employment action in violation of public policy. However if the employer establishes a different reason for your termination, you likely lose.

At this point, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you 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 you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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