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 
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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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.
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... View More
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
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... View More
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
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... View More
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?
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
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
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
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
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... View More
I rent a booth. So I am self employed. This stipulation is not in my contract. A added surprise upon returning from covid closure.
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
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.
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
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
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
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
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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
