COVID-19 California Q&A by Practice Area

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COVID-19 California Questions & Answers
1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... Read more »

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... Read 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 Elder Law for California on
Q: Hi I'm looking for someone to read some legal paper work my mom nursing home wants me to sign

My mom is able to sign paper work due to a stroke from COVID-19 in February 2022 her nursing home wants me to sign paper work I don't understand

Adam Stoddard
Adam Stoddard
answered on Dec 19, 2022

I would imagine the paperwork is standard admission documents, financial documents, and likely advanced care directive documents. If your mom is going into a nursing home and had a stroke, you should likely setup a trust or will if you have not already for her, and you should probably work on... Read more »

2 Answers | Asked in Immigration Law for California on
Q: I filed an I-130 for my husband, but I missed two interviews. The first one because the notice came late.

The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?

Al Parsad
Al Parsad PRO label
answered on Oct 22, 2022

Was there a concurrent adjustment of status application filed by your husband? If so, withdrawing could be costly both in terms of money and time. If this was a stand-alone I-130 petition, they don’t usually call for interview unless there is an issue with your personal background as the... Read more »

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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... Read 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... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: I was denied Rent help from an organization because I didn’t look like she wanted a person. Asking for help to look l

I have been ignored have contacted the city of Santa Ana supervisor,congressman ,program supervisor other programs and nothing

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Different legal aid clinics have received grant funding recently to help those persons harmed by the pandemic. Maybe you should speak with a clinic in your area. If they can't help you, I'm sure they'll be able to connect you with local resources. Good luck. [I litigate cases.... Read 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. ”... Read 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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2 Answers | Asked in Workers' Compensation for California on
Q: How does one find a local attorney for a class action 25+ work related, personal injury.

My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... Read more »

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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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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...
Read more »

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