What rights for an employee not given job duties & later no compensation due to force majeure?

Question

The topic is related to the legal status of a local employee in one of the US embassies in a certain country. The embassy headquarters was closed, amid political and security unrest. This employee was left without official notification regarding his employment status, despite completing all contractual obligations, including the employment letter, and he did not receive his work duties. This situation greatly affected his professional and personal life. The threats and harassment against him worsened. Because of his job affiliation to this sector in that country, which necessitated moving to a neighboring country, while other employees continued to receive salaries, and that employee did not receive any compensation.

James L. Arrasmith · Answer

Under California law, an employee may have certain rights and protections even if they are not given job duties and are not compensated due to force majeure. However, the specific rights and protections will depend on the individual circumstances of the case. 
 
1. Employment contract: If the employee has a written employment contract, the terms of the contract will govern the employer's obligations in the event of a force majeure. If the contract does not address force majeure events, the employee may have a claim for breach of contract. 
 
2. At-will employment: If the employee is an at-will employee, the employer may generally terminate the employment relationship at any time and for any reason, including a force majeure event. However, the employer may still be required to comply with certain legal obligations, such as providing final pay and any accrued vacation time. 
 
3. Discrimination and retaliation: If the employee was singled out for adverse treatment because of their membership in a protected class (e.g., race, gender, religion) or because they engaged in protected activity (e.g., reporting illegal conduct), they may have a claim for discrimination or retaliation under California law. 
 
4. Wage and hour violations: If the employee was not paid for work that they had already performed prior to the force majeure event, they may have a claim for unpaid wages under California law. 
 
5. Worker Adjustment and Retraining Notification (WARN) Act: If the employer is covered by the WARN Act and the closure of the embassy headquarters resulted in a mass layoff or plant closing, the employer may be required to provide advance notice to affected employees. 
 
It is important to note that the specific rights and protections available to the employee may be limited if they are employed by a foreign government or international organization, as such employers may be entitled to certain immunities under international law. The employee should consult with an experienced employment attorney to discuss their specific situation and potential legal options.

Q: What rights for an employee not given job duties & later no compensation due to force majeure?