The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

Attorneys here will not call you just because you listed your number. You need to initiate contact.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial... View More

You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.

Good luck to you.

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.... View More

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your employer. But keep in mind whether you claim a medical or religious exemption, the accommodation is still not automatic. The employer should try to accommodate... View More

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... View More

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... View More

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... View More

No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... View More

If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to... View More

There is nothing wrong with a contracting partner of your employer complaining about you not wearing a mask properly, even if the complainer was doing the same. There is also nothing unlawful about your employer sending you home because of this complaint. The company your company is working for... View More

It depends on whether you signed any trade secret agreements in your former employment. They could use that to claim you were using confidential information to contact your former clients, whether it is true or not. There is no legal prohibition against competing against a former employer using... View More

The first problem is that the protections against discrimination fall upon employers of 5 or more people. Otherwise you may be covered by the CFRA- Cal. Family Rights Act- google it. Even if you are not subject to the specific benefits of the act, your employer cannot discriminate against you if... View More

The answer to your question depends on many things, most importantly, the reason why you are not being allowed to return. If business conditions have changed and your job has been eliminated or some other legitimate business reason can be proved for not bringing you back other than the fact you... View More

Sorry to hear about this situation. IMO proving up an age discrimination case based on a disparate selection of older employees during a lay off, is a difficult and drawn out task. There are attorneys that have great success in it and you need to seek out that kind of attorney. You should also... View More

If you have a new job lined up and do not have to worry about immediately qualifying for unemployment insurance benefits, then the main thing for you to consider is what you want future employers to know about how your employment ended. Quitting to move on to a better job is usually a good thing... View More

If you believe you can prove you were terminated because of your nationality then you would have a meritorious case. If you cannot prove that was the reason, then you probably have no legal claim to bring. Seniority over others is not something that gives you protection from layoff. It would be... View More

In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation... View More

Retaliation is not unlawful unless the action that triggered the retaliation was legally protected. Most forms of retaliation in the workplace are therefore not unlawful.

There is likely nothing unlawful about your employer forcing you to get tested as a form of fitness for duty... View More

We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential government services may be clear for... View More