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COVID-19 California Employment Law Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: i went a furlough back in March, My furlough letter states that i would keep my seniority with the company.

i went a furlough back in March, My furlough letter states that i would keep my seniority with the company. They called me to go back to work but someoone else is doing my job my tittle was accounting assistant i was in charge of Payroll now i'm doing little administrative duties and HR... View More

Neil Pedersen
Neil Pedersen
answered on Jul 10, 2020

Most people do not know this, but a furlough is the exact same thing as a termination in the eyes of the law if the furlough is for more than the length of the pay period. Your employer can state an intention to bring you back, but that is not an enforceable right. If the employer wants to bring... View More

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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I have a young Daughter with Respiratory heath issues I have a note from her Doctor.

I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... View More

2 Answers | Asked in Employment Law for California on
Q: I haven't been paid by two different employers for hours worked before Corona, what should I do?

I've tried reaching out to them multiple times and they've either ignored me or promised to get back to me and proceeded to ignore me. It's not for much, a little over a hundred from each employer, but I paid money to take ubers to work while I was employed and I just want my money... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

Sorry to hear you are going through this at this difficult time. Employees need all their wages just to buy the necessaries of life. Before going to the Labor Commissioner as Neil suggests, you should consult with an attorney that specializes in Wage & Hour claims for employees. There are a... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my employer if they wont let me return to work due to covid.

I have a doctors note saying I can return to work after having covid for 2 weeks. My employer is making it very difficult to come back to work. Can I sue my employer if they refuse to let me back at work?

Neil Pedersen
Neil Pedersen
answered on Jul 3, 2020

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

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2 Answers | Asked in Employment Law for California on
Q: My wife is the General Manager of a business that is shorthanded. Can I work for her without pay on a temporary basis?

Hello! My wife’s work is currently understaffed due to COVID. They just recently reopened and she’s hired over a half dozen people, but she is still short for this upcoming July 4th weekend (she works in a largely tourism-based business and so is much busier on holidays). I’d like to help her... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 29, 2020

Well, no. Private employers are not supposed to have "volunteers" that are unpaid. You won't be covered by Worker's Comp iif you get injured. You are legally entitled to minimum wage. In theory, the company could be in trouble. As a practical matter, if you go there as your... View More

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2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for California on
Q: Does it matter if I “quit” or I am “terminated” after being furloughed due to corona virus? My company wants me to quit

I was laid off due to coronavirus in feb and got a better job during the time off. I was given my estimated start date but I am not going to Return to my original job. My employer is telling employees to resign/quit if they do not want to return. Is either in my best interest? I am enrolled in... View More

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2020

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

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1 Answer | Asked in Employment Law for California on
Q: Would I qualify for benefits if I choose to stay home from work due to underlying health conditions during COVID-19?

I take two immunosuppressants and have very poor health. I am scared to go back to work, I’m confused, would I qualify for unemployment benefits if I choose to stay home from work due to underlying health conditions and concerns about exposure to the virus?

The EDD FAQ for CA confuses me.... View More

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2020

The CARES act is limited in time to three months of leave. After that, if you need leave to address a serious medical condition or a disabling condition, and if you get a doctor's note indicating your need for additional leave, your employer would be legally obligated to give you some... View More

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was laid off due to covid 19 but I never got paid for the sick days I had asked for before the lay off

Never did I received a notice from my employer about my termination. All I got was a phone call from HR telling me that unfortunately they were letting me go. I worked there for 10 years, when covid 19 started I was was only working one or two days a week. On April 29 I got a message from HR saying... View More

Neil Pedersen
Neil Pedersen
answered on Jun 17, 2020

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

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3 Answers | Asked in Employment Law for California on
Q: I work a fulltime job & a parttime job. Due to Covid-19, parttime job hours drastically reduced. Do I qualify for UI?

My full-time job hours were not affected. BUT I very much depend on my second part time job to make ends meet. My hours at my second part time job were reduced starting in March and are now down to zero. I live in California.

Maurice Mandel II
Maurice Mandel II
answered on Jun 15, 2020

IMO the short answer is yes. Normally, UI is paid to a person who is completely without employment. In your situation, your part time job was reduced but you are still employed at the full time job. This is not being unemployed.

Having said that, there is no harm in filing for UI...
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2 Answers | Asked in Employment Law for California on
Q: Small business owner lays off employees, has them enroll for unemployment, expects them to continue to work voluntarily.

A California small business owner desperate to not lose his business with about 12-15 employees responds to COVID-19 closures by laying everyone off, having them sign up for unemployment (which, with the extra $600 per week is more than he pays them), then asks them to commit to working voluntarily... View More

Neil Pedersen
Neil Pedersen
answered on Jun 14, 2020

No, it is not legal.

No for profit employer can have volunteers working for the business without paying them at least the minimum wage and there must be a least two pay days per month. What this employer is doing is clearly unlawful and you as the employee has the right to retroactively...
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2 Answers | Asked in Employment Law for California on
Q: I am a salaried manager in the restaurant industry and was furloughed then let go due to the current COVID-19 crisis.

Hours of operations were cut eliminating lunch service all week. In addition to the GM, there were 3 additional floor managers. Of the 3, I was let go. Myself and another manager were hired on the very same day last October. The third manager was promoted from an hourly position one week prior... View More

Neil Pedersen
Neil Pedersen
answered on Jun 12, 2020

Yes.

You are considered to be employed at will. As such you can be terminated at any time and for any reason or even no reason at all. Your employer does not have to have a good reason to choose someone over you when cutting staff. Seniority is not a protected characteristic. You not...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can I be laid off while on disability?

I was injured (non workers comp), and then furloughed due to the COVID pandemic. I'm still currently on disability and my employer has now laid me off. Does my employer have the right to lay me off while I'm on disability?

Daniel A. Thompson
Daniel A. Thompson
answered on Jun 10, 2020

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

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1 Answer | Asked in Employment Law for California on
Q: Is it legal to change my work schedule from Mon., Wed., Fri. to Sunday to Tuesday after leaving 5 weeks fromFMLA, Covid

for helping my 15 y.o. daughter complete school online. I work at a psych hospital for 9 years. My boss hire another person but available to work weekends. Is it legal to force me to work on a weekend. She told me if I don't work on Sundays it would drop my schedule to work 2 days a week,... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2020

First, very sorry to hear about your circumstance, it must be very difficult to feel punished while trying to do the best to raise your child, and these are the most difficult times. Few people were trained to be teachers but they now find themselves in the multiple roles of wage earner, teacher,... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is what my employer doing is retaliation

I spoke up to my employer asking for documentation saying that I needed to get coronavirus tested and they were not able to give me no sort of paperwork saying it was mandatory since the argument that I had with my employer I have gotten coronavirus tested although I felt forced into it and with... View More

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2020

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...
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1 Answer | Asked in Employment Law for California on
Q: Can owner of hair salon charge a additional security deposit to my rent? Worked there 3 years without paying deposit.

I rent a booth. So I am self employed. This stipulation is not in my contract. A added surprise upon returning from covid closure.

Neil Pedersen
Neil Pedersen
answered on Jun 7, 2020

If you are a properly classified independent contractor, then the terms of your contract control your relationship. Whether either party can change the terms of the contract and when that can happen will also be determined by the agreement. If there is no specified length of the agreement and... View More

1 Answer | Asked in Employment Law for California on
Q: Is it legal for my employer to bring me back from being furloughed to do different duties with less pay?

My employer has offered to bring me back from being furloughed. The offer is a 20% pay cut with different duties. They said if I don't accept they tell unemployment and I'll lose my unemployment benefits.

Neil Pedersen
Neil Pedersen
answered on May 30, 2020

Yes, that is legal. In California you are considered to be employed at will. That means your employer can change the terms and conditions of your employment at any time and for any reason or even no reason at all. If you do not like the new offered job, you have the right to say no. However,... View More

1 Answer | Asked in Employment Law for California on
Q: I’m 64 and have asthma. Am I considered high risk?
Maurice Mandel II
Maurice Mandel II
answered on May 30, 2020

You are going to get a typical Attorney response to this: I don't understand your question. "High risk" for what? Covid 19? High risk employee? Since you posted in Employment law, I assume are you considered a "high risk employee?" That answer is also- it depends on the... View More

2 Answers | Asked in Employment Law for California on
Q: I'm in California and have been furloughed from my retail job due to Covid19. I have questions re returning to work.

I've been collecting unemployment and now that retail is beginning to open in my area I will likely soon be called back to work. However, I am 64 yrs old with an underlying health issue and I care for my 91 year old mother. Neither of us are sick at this time. Will I be able to stay home... View More

Neil Pedersen
Neil Pedersen
answered on May 29, 2020

We are involved in times and events that are unprecedented. Employers and employees are left with little to guide them with regarding how to interpret things. And attorneys advising those employers and employees cannot know for sure how the law is eventually going to shake out in these areas.... View More

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2 Answers | Asked in Employment Law for California on
Q: If I quit my job as an essential worker after repeated exposure to COVID19 would I qualify to receive UI benefits?

I am employed through a staffing agency. My position is considered essential during this pandemic event. I am also considered high risk for serious complications if I am infected with the virus. The staffing agency does not offer any paid benefits for those of us who have to stay home although the... View More

Daniel A. Thompson
Daniel A. Thompson
answered on May 27, 2020

According to the EDD guidelines, you can receive unemployment benefits if you leave work due to an undue risk of injury or illness. "A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or... View More

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1 Answer | Asked in Employment Law for California on
Q: Can I stay furloughed if I'm not feeling safe?

I recently received a notification from my employer that I may be able to return to work soon because California has reopened malls officially. With that said, I do not feel safe because I do not have health insurance in case I catch COVID and also have two people I live with that are immune... View More

Neil Pedersen
Neil Pedersen
answered on May 26, 2020

If you refuse to return to work, in most circumstances that would constitute either job abandonment or a legitimate reason for termination - both of which would disqualify you from further unemployment insurance benefits. As the economy is starting to open up again, there are some employers who... View More

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