We have a point system for attendance, when you miss a day and don't have any sick time available you get a point. If they are forcing me to leave can they give me a point.
answered on Nov 16, 2020
Your question is just too general to give you any real helpful guidance.
Can an employer force you to go home if you have certain symptoms related to Covid-19? Absolutely. In fact CDC and OSHA guidance/regulations require an employer to do so to protect the rest of the workforce.... View More 
I work at a small shop that is owned by a franchisee and he continues to put people at risk of COVID. Multiple coworkers have had family members test positive and he won't give them any answers when they ask about getting tested or if they should quarantine. While he does pay for us to have... View More
answered on Oct 28, 2020
Your remedy is not quitting. Quitting may well cause you to be disqualified from unemployment insurance benefits. Your remedy is reporting the problem to OSHA who has promulgated regulations for workplace safety in this pandemic. If your employer is not compliant with the regulations it can be... View More
Laid off 10/2. Reason was reduction in company expenses due to lack of sales from Covid-19. Male, 61 with disabilities. Employment duration 8 years 11 months. All performance reviews have been very good to excellent. Younger less experienced and lower paid employees not affected. Received a... View More
answered on Oct 2, 2020
A separation agreement is really nothing more than a settlement agreement. The employer is offering to settle any claims you may have against it in exchange for a payment of money. Whether or not you sign the agreement as presented or not will depend whether you have any valuable claims. You may... View More
Since schools have been moved to online and we are not physically going to school, can a 17 year old work more than 4 hours on a Monday? My boss doesn't know for sure but my school did provide a new work permit providing new hours, but my boss would like to make sure its legal before he takes... View More
answered on Sep 9, 2020
There have been no changes to the laws related to minors working that have come about as a result of the Covid situation. Therefore, the same limitation on the number of hours a minor can work apply now as before.
Your boss needs to get specific, confidential advice from his attorney, not... View More
my situation on how I had to relocate 6hrs away due to being furloughed. But my boss is saying that’s Voluntarily Quitting. I was hoping to be able to use my own unemployment while I looked for a job in my new town but with “Voluntarily quitting” on my record unemployment will get taken away.... View More
answered on Aug 11, 2020
Not all voluntary resignations will be considered a voluntary quit. It is possible that your situation will be seen as something other than that. Apply for UI benefits and when you are allowed to make your case, be sure to prove that you had no other choice but to move under the circumstances.... View More
I’m a designer in the hospitality industry and my employer asked me to return to work everyday during the pandemic even though non-essential offices are not allowed to reopen back. I asked my employer to lay me off because I feel anxiety coming to work everyday since I live with my grandma who... View More
answered on Aug 9, 2020
Mr. Pederson is right, costs nothing to apply, as long as you are truthful, there is no stigma about being turned down. Sounds like you may have additional claims against this employer for failing to obey the laws, and for CONSTRUCTIVELY TERMINATING you by putting you in a position where no... View More
I work for the Feds. At my particular agency, local (Calif) leadership is contemplating rules for staff return to the office at the end of this month (August). We've all (<50) been telecommuting since mid-March. It's loosely being proposed that those with children... be permitted to... View More
answered on Aug 8, 2020
Would it be discriminatory? Yes. Any time someone is treated differently than others, it is discrimination. Is it unlawful? No. Having children at home is not a protected class under any protective statutes.
What the employer is contemplating is lawful.
Good luck to you.
We have been waiting from past few months for payments from vendor, they are asking ask for settlement but we are decided to file a petition in court? What steps need to be taken and how long will my petition will take?
answered on Aug 7, 2020
It depends on how much is involved in this dispute.
If the amount in controversy is $10,000 or less you can proceed through small claims court and probably get a judgment in a matter of months, once the courts open back up.
If the amount is greater than $10.000 then you will have... View More
Our daycare was closed during the pandemic because we were considered non essential. Our employer received a PPP loan during this time frame so they can pay us. Since we were closed during that timeframe we only worked partime cleaning etc. Now that the business is up and running our employer is... View More
answered on Aug 7, 2020
This is a first impression to me and I hope other employment attorneys will also respond. IMO they cannot make you work now for money they paid you in April, they have to pay you your usual wages for work done now. Otherwise you have a claim for non payment of wages, liquidated damages for non... View More
I was working with contractors and a company man came out screaming for everyone to wear masks, as I was working and wearing a mask he saw mine was below my nose. As was his mask. As I pointed out his was below his nose, he sped off angry. Went to higher up and I’m now subject to quarantine... View More
answered on Aug 5, 2020
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
I scheduled PTO for one week of vacation. My employer asked that I complete a COVID test upon my return to be allowed to return to work or quarantine. The day before leaving for my trip, my employer changed his mind, and told me that regardless of a test or symptoms (or negative results) I would be... View More
answered on Jul 30, 2020
I am sorry you lost your job. Far more would need to be known about this situation. In California you are considered to be employed at will unless you have an agreement to the contrary about that status with the employer. As an at will employee you can be terminated at any time and for any... View More
I went on an approved company medical leave of absence in 2019. I exhausted FMLA and 6 months into my leave I was removed from my position. I was told due to my continued time out of the office and the criticality of my role they would need to fill my position to meet the demands of the operation.... View More
answered on Jul 30, 2020
You can always APPLY for benefits, so long as you do not make any false statements on your application there should not be any negative for you. We cannot really predict what action the EDD is going to take with your application, but usually the worst that can happen is that you are denied, in... View More
I work in sales. We had a commission and payment plan we all agreed to for Q2 (April-June). The month after they changed the commission plan because "too many people were doing poorly" however I was doing very well and now they have taken away everything I did in Q2 during COVID after... View More
answered on Jul 29, 2020
I had a case like this several years ago, but in that case, it was changed because the salesmen did so WELL! Sometimes these plans contain language saying that they can be unilaterally changed/discontinued at any time. That may not be an enforceable term of the contract. If you were paid the... View More
I have assumed that I was being black listed from apply to Amazon warehouse facilities . I was scheduled to begin working back in May and because of pandemic I missed my start day. I was reassured it wasn't a problem by their Reps. I week later l received a termination letter stating that I... View More
answered on Jul 29, 2020
Yes. An employer can determine to never again consider you for employment unless the reason for that action is your participation in some form of legally protected conduct. For example, legally protected conduct is conduct that the law specifically says you have a right to do, such as filing a... View More
Back in March at the beginning of the shelter in place me and everybody at the restaurant i work at were furloughed. Just recently our restaurant reopened for patio service only but i was not one of the employees selected to come back. Last week my boss sent out a message on hotschedules (a 3rd... View More
answered on Jul 25, 2020
I am very sorry but there is nothing unlawful about an employer not returning an employee to work because they acted too slowly in responding to the call to return. Your employer had no duty to return you to work at all. And when it is time to return people to work, it can make up any... View More
answered on Jul 21, 2020
The answer to your question depends on how much you are making as a driver. If you make less than the minimum earnings allowed to get benefits then you would qualify. While before the Covid crisis independent contractors did not qualify for UI benefits, the qualifications changed in March/April... View More
My employer is forcing me to take a facial recognition scan and take my temperature every morning at work. Is this legal? If I refuse I will be sent home without pay. What recourse do I have if any?
answered on Jul 19, 2020
Employers are entitled to impose reasonable security conditions on the employees, so IMO, yes, your employer can impose facial recognition and a temperature scan. Your recourse is to quit and go work somewhere else, or submit to the security requirements.
We are dealing with a deadly... View More
I have been working for a company w/ 2 employees for 10 months part-time. This company was considered an essential business during quarantine, so even though my boss told me to come in to work during March-June, I requested to work from home. I got an OK eventually, though afterwards I learned she... View More
answered on Jul 16, 2020
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
I was furloughed on March 23rd and have not been called back to work but on June 16th I was informed by coworkers that another employee had been promoted into my position. The COO of my company told me that my employment status had not changed and that I would be updated on July 15th but have not... View More
answered on Jul 16, 2020
Unless you can prove that you are experiencing an adverse employment action because you are in a protected class of people, such as race, religion, etc., then there is nothing unlawful about your employer promoting someone into your old position.
Most people do not understand that when you... View More
Is it true if a company take the paycheck protection program loan under the Cares act and keep the same workforce or salary levels the company qualify for loan forgiveness? So this means my job can't fire me or they will have to pay the loan back
answered on Jul 13, 2020
An employer does not have to keep the same workforce it had before it gets a PPP loan. If it fails to maintain at least 75% of the number of employees employed in the pre-COVID workforce, it will have its forgiveness reduced, but the company is not disqualified altogether unless the number of... View More
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