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COVID-19 California Employment Law Questions & Answers
3 Answers | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for California on
Q: The County of Los Angeles mandated their employees to be vaccinated during Covid, but never enforced the policy.

Do those of us who were vaccinated due to fear of termination have grounds for a lawsuit against the County of Los Angeles?

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2023

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

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I got covid, my employer gave my job away and never paid me. Today they want me to settle for $8000,Do I accept?

The Labor Commission employee, myself, HR lady, their lawyer had 2 hour meeting 12/22. For 8 months they haven't paid my vacation pay,sick pay, overtime,miles on my car,meal periods made to work,etc. Pay&penalties are $13,000 per Labor Com.office. They want me to settle today for $8000... View More

Maya L. Serkova
Maya L. Serkova
answered on Dec 26, 2022

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...
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1 Answer | Asked in Employment Law for California on
Q: My employer is trying to force me to resign because I am not boosted when it wasn't a job requirement. Can I sue?

I recently got off the phone with someone from HR at my company and they told me that I need to get the booster or present a negative covid test every 72 hours if not I am will need to submit my resignation. The HR person told me that it is part of working at the company and not just at the... View More

Neil Pedersen
Neil Pedersen
answered on Oct 21, 2022

No one can force you to resign. Resignation is a voluntary act by you. However your employer can terminate you if you refuse to do what is required of you, including getting boosted. You would not have a meritorious legal claim if you are fired because you refused to follow the company's... View More

3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... View More

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
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1 Answer | Asked in Employment Law for California on
Q: Can i still collect covid 19 employee benefits for the time i worked for a company tested positive for covid

I was working for a company had tested positive for covid so was out of work for a week. I never collected my covid sick pay benefits. When i was well i decided not to go back to work for this company since my dr said i can easily catch it again working where i work. You see i worked for the dump... View More

Maya L. Serkova
Maya L. Serkova
answered on Aug 10, 2022

In theory, you may be eligible to collect your Covid sick pay retroactively; however, the exact answer will depend on the timeframe you worked for your former employer and whether your employer is subject to the 2022 COVID Supplemental Paid Sick Leave Law.

Covered employees in the public...
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1 Answer | Asked in Employment Law for California on
Q: I was fired for no call no show. It's been more than 72 hours and they haven't paid or mailed my check

I had covid but I didn't call in so I was terminated for no call no show on 7/26. I contacted my ex employer and was told that I could pick up my check on 8/1 or it would be mailed to me. Isn't there a 72 hour law that the employer must abide by

Brad S Kane
Brad S Kane
answered on Jul 29, 2022

Waiting time penalties accrue when you separate from your job. Your employer has to pay all wages the day you are terminated or within 3 days if you quit. For each day the employer is late, you are entitled to 1 days wages as a penalty up to a max of 30 days. The statute of limitations for waiting... View More

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for California on
Q: Covid Vaccine Mandate - Booster

I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... View More

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2022

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.

1 Answer | Asked in Employment Law for California on
Q: Employer breaks OSHA laws, rules from employee handbook, plus bribes, threats etc. Do I have a case?

Employed at a franchisee owned chain restaurant for 3 years. I work 100+ hours per week, 7 days and at times it is with incorrect or missing OT pay. I work 12-16 hrs/day with no breaks and threats of termination if I call off. I have been bribed, threatened with termination, accused of stealing,... View More

Neil Pedersen
Neil Pedersen
answered on May 30, 2022

Your post suggests that you have multiple claims against your employer. If you wish to pursue those claims, you should locate and consult with an employment law attorney who can learn more about your situation and plot out your path.

As to OSHA violations you can report those directly to...
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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for A Jobs HR try to obtain personal doctor records for an employee?

Back in January of 2022 I got extremely sick from Covid. Which I got tested and I had a note from a doctor stating I can’t return until further notice. I wasn’t able to obtain my test results until almost a week later. When I called to get my results they told me they weren’t ready. HR had... View More

Neil Pedersen
Neil Pedersen
answered on Apr 28, 2022

Your employer is only allowed to know that your doctor is treating you, what restrictions you have, and what reasonable accommodations would address your condition. Your employer is not allowed to know anything else about your medical conditions or history, including your diagnosis, symptoms or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
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... View More

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2022

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

Q: I am pregnant and my employer tells me I must take a covid-19 booster to keep my employment. Recommendation options?

I voluntarily took the vaccine last year before my pregnancy. Now that I am pregnant I do NOT feel safe taking any booster shots. There is no guarantee or evidence that can prove my unborn child will be safe from it and that my child won't have any health or medical complications from it now... View More

Maya L. Serkova
Maya L. Serkova
answered on Feb 8, 2022

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

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.... View 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... View 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... View 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... View 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...
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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.... View 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... View 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... View 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... View 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...
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