COVID-19 California Q&A by Practice Area

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COVID-19 California Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: I received an email from my workplace regarding my religious exemption from the COVID 19 vaccine. I need advice

I literally received an email from my employer asking me to provide more info about my religious exemption and was told that I must respond within 3 calendar days and included a series of questions that I have to answer regarding my religious affiliation

Eva Zelson
Eva Zelson answered on Oct 14, 2021

Your employer is within their rights to follow up on your request for a religious exemption to verify that it is a truly held religious belief. You should comply with their request for more information if you wish for them to grant you an exemption to their requirement for the Covid-19 vaccine.... Read more »

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1 Answer | Asked in Employment Law for California on
Q: i NEED HELP WITH COVID VACCINE MANDATE WITH MY EMPLYEE
Neil Pedersen
Neil Pedersen answered on Sep 24, 2021

You have not really asked a question that can be answered. This Q&A board is not the place to solicit attorneys to work for you.

It sounds to me like you need to locate and consult with an employer-side attorney.

Generally speaking the employer of an at will employee can...
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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Neil Pedersen
Neil Pedersen answered on Sep 15, 2021

Mandatory vaccination is lawful. It has been since 1905 when the US Supreme Court issued its opinion in Jacobson v. Massachusetts. That decision, although old, has been cited to over 800 times and recently by our US Supreme court in the last two years. You will have no recourse if you refuse to... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What are proper steps to take ? Should I get a lawyer first?

So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »

Niran Grimberg
Niran Grimberg answered on Sep 14, 2021

Under California Labor Code 1102.5, if you complain to your employer about something you reasonably believe to be unlawful, and the employer retaliates against you (in this case terminated you), you may have a case for whistleblower retaliation. I would recommend seeking a free consultation with an... Read more »

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3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Neil Pedersen
Neil Pedersen answered on Sep 6, 2021

If you have a medical condition that prevents you from taking the vaccine, get a doctor's note indicating as much and present it to your employer.

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your...
Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: How to move past trust administration delays?

My parents passed away just over a year ago in August 2020. My sister is the trustee and I am just a beneficiary. She hired an attorney and we are near the last stage of closing the trust. The law firm is in the process of putting together the accounting and keep telling my sister that... Read more »

Julie King
Julie King answered on Aug 30, 2021

Your sister needs to tell the law firm exactly what you said here, i.e., that they are the cause of the delay and she needs the document by the end of the day tomorrow. Other than that, your sister can just show up at the law firm and take a chance that they're open (due to COVID many people... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If my wife or child dies as a result of the spread of COVID via an anti-vaxxer, can I sue for negligent homicide?

This assumes I can genetically trace this particular strain of covid back to the spreader.

Dale S. Gribow
Dale S. Gribow answered on Aug 24, 2021

anyone can sue at any time.

i suspect the issue will be whether you can find a lawyer to handle on a contingency or whether you could afford to fund a lawsuit................AND

whether there would be enough evidence to prevail.......my guess is you would not have the evidence.

1 Answer | Asked in Employment Law for California on
Q: Employer claims they do not have to pay me for hours I worked, my manager always approved my time card. Do they owe me?

During covid my hours and wage were adjusted, I was told verbally that my hours had been restored and proceeded to work a 40 hour week. My manager approved my time card for 7 months. The time tracking system sent me emails that said you are a full time employee and must submit for a 40 hour week.... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 19, 2021

If you are an hourly employee you must be paid for all time you spend working for the employer. That is true regardless of what the employer tells you about what hours you are to work. While you can be disciplined and even terminated for working more hours than your employer instructed you to... Read more »

2 Answers | Asked in Employment Discrimination for California on
Q: Medical freedom is a right! Mandated covid injections & testing should not be required by employers. NOchoice NOvoice!

Who can I talk to about obtaining legal counsel to defend my medical freedom against my employer?

Do I have a case???

What type of attorney do I need ?

Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2021

You do have a choice, and that is not to work for that employer. Employers have the right to determine the safety rules to assure the ongoing safety of all employees. Employers can require that all employees be vaccinated against Covid19, just the same as when we were all vaccinated as children... Read more »

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4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Maya L. Serkova
Maya L. Serkova answered on Aug 10, 2021

What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Dad tested positive for COVID. My daughter is negative. We are 50/50. He wont negotiate his time. What can I do?

We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... Read more »

Paramprit Bindra
Paramprit Bindra answered on Aug 5, 2021

1. Try talking to the father again.

2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.

3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Can an employer withhold promotions or raises because an employee is not vaccinated for Covid-19?

My employer violated HIPAA laws by asking why employees didn’t want to get vaccinated. They are telling our general manager they will not give a raise or promotion unless an employee is vaccinated.

Neil Pedersen
Neil Pedersen answered on Aug 4, 2021

Yes an employer can withhold promotions and raises, and even terminate an employee, who refuses to vaccinate against Covid-19. And it is not a HIPAA violation to ask an employee about why they do not want to vaccinate. HIPAA does not regulate employees, only health care providers and insurance... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: I applied for covid-19 mortgage relief and now face property foreclosure. How do I avoid losing my home???

I was able to resume monthly payments, however, new mortgage service has denied me a repayment plan and refinance option.

Leon Bayer
Leon Bayer answered on Jul 27, 2021

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
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1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Our executor has taken the insurance claim $$ we need to rebuild after storm. I purchased, paid for, & own the insurance

I need to know if she can legally do this. I bought the policy, paid for it, signed all the paperwork. It took us months to file the claim, and just as the check was issued she had her lawyer call to declare her as “the contact”. This would not have happened as it did if our agent was involved,... Read more »

Julie King
Julie King answered on Jul 13, 2021

I'm sorry to hear about your situation. If you have already demanded the executor repay the money she has inappropriately taken, you can have a lawyer send her another demand letter. But my guess is that you will need to file a Petition in the Probate Court. Once a probate matter has been... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: At what point must I have a business license?

I am a website designer normally employed full time but since Covid I have been considering starting my own business. I would offers website design, graphic design, logo design and creation, marketing and social media management as well as ongoing site maintenance and management. Before I fully... Read more »

Julie King
Julie King answered on Jul 12, 2021

Once you market yourself to the world, you are in business and should have a business license. Check the websites of your city and your county to learn the requirements that apply to your jurisdiction. If you are working out of your home, your city and/or county may require a home-based business... Read more »

1 Answer | Asked in Employment Law and Native American Law for California on
Q: Can my employer force me to wear a mask and threaten termination if I have a medical condition?
Neil Pedersen
Neil Pedersen answered on Jun 27, 2021

Your employer can require you to wear a mask. If you have a medical note indicating that you cannot wear a mask due to a medical condition, that does not mean you get to take the mask off and work like you did before the pandemic. Rather, the employer as the obligation at that time to determine... Read more »

1 Answer | Asked in Employment Law for California on
Q: i was talked into applying for unemployment during the pandemic when they were giving extra money but i am on ssdi am i

commiting fraud and what can i do about it

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

Contact the EDD and arrange to give back the money you should not have received. If you did not qualify for UI benefits, that is your only option short of waiting to be the subject of a reimbursement action.

And do not think that blaming your conduct on someone else for talking you into...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Landlord - Tenant for California on
Q: Manager @ CA Regional RV Park covered up an employee Cov-19 OUTBREAK. Endangering 200+ residents. This can’t be legal!

Manager hosted internal company party while gov. ordinances, i.e. “no social gatherings” were in full effect. Masks not enforced. 9 employees contracted Covid-19 at this party.

Facility falsely reported only ONE Covid positive case.

Employees were laid-off for a month to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

you can always petition or sue for anything.......whether you can get a lawyer to take the case on a contingency AND collect anything is another story.

i would think contacting the owner of the establishment would make the most sense.

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