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COVID-19 California Questions & Answers
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

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can News paper censor comment I posted on the news website

I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this.

I wrote “ask-yourself how many people you come into contact with on a Daily basis.... View More

Louis George Fazzi
Louis George Fazzi
answered on May 23, 2020

Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in... View More

1 Answer | Asked in Employment Law and Business Law for California on
Q: Can I be penalized if I quit a job I never officially started due to Coronavirus and they still can’t operate

Can I be penalized if I quit a job I never officially started due to Coronavirus and they still can’t operate but they were paying me a small amount of hours for 6 weeks. I have a new job offer possibly and want to resign this position never worked but want to know if I will encounter problems... View More

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2020

COVID presents a lot of unique problems. Who is it that is going to penalize you? The temp agency?

In California, you are an at-will employee. This means that you can quit at any time, you are not required to give notice, unless you have a contract that says otherwise. From what you...
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3 Answers | Asked in Employment Law and Health Care Law for California on
Q: My boss sent out a company wide email saying I put everyone at risk for covid 19, is this legal?

A company wide email was sent with my name and claiming I was reckless with everyone's health. I received texts from co-workers asking about my own and family's health situation.

I had no symptoms but merely informed them that I had come in to contact with someone who had tested... View More

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2020

I like Neil's answer, it is very thoughtful.

The problem is from what you said, it is not clear how the employer got this information, or whether it was confidential health information. Even if not, he could be defaming you. Have you been tested? Negative?

Keep that email,...
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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in an auto accident in April 2019. My case is still ongoing, how long typically do cases like this last?

My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back... View More

Robert Steven Walch
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Robert Steven Walch
answered on May 21, 2020

Every case is different, so there is no set amount of time that every case takes from the time of settlement to disbursement of funds. If you have Medi-Cal, the attorney needs to find out how much Medi-Cal paid to your medical providers and needs to get a final letter from Medi-Cal saying what... View More

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1 Answer | Asked in Civil Rights for California on
Q: Yes my question is I have funds to perchance a vehicle but I do not have a driver's license the dmv is particularly clos

Closed I'm currently using public transit & I want to drive what are my rights & is there a possibility of a civil suit...????

Louis George Fazzi
Louis George Fazzi
answered on May 20, 2020

Continue to try to work with the DMV. Things should be opening up now, so you need to get an appointment asap to take the driver's license test and get your license issued. You cannot buy a car without a license, no matter whether you have the money.

You have no right to sue the state...
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2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson
answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... View More

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3 Answers | Asked in Family Law for California on
Q: I am responding to an Ex-Parte in family court, do I have to serve the other party with my response before the hearing?
Tobie B. Waxman
Tobie B. Waxman
answered on May 18, 2020

That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to... View More

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2 Answers | Asked in Employment Law and Immigration Law for California on
Q: Can I work remotely from home office (in another country) on a TN Visa? If so, how long?

I am a Mexican working in the US on a TN Visa. I would like to work remotely while covid quarantine... Nothing will change, still the same company and position, but I want to know If I am allowed to work from Mexico (another country) for a couple of months... and If it is allowed, how long can I do... View More

Adan Vega
Adan Vega
answered on May 18, 2020

The TN status allows you to render the services on behalf of the petitioning employer as stated in the TN visa application or TN petition while you are in the U.S.

You can return to the home country and render the services remotely from that location.

You should discuss this...
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1 Answer | Asked in Employment Law for California on
Q: Can a company require you to change shifts?

I work in a skilled nursing facility that has recently reported three positive Covid results amongst employees. On 5/5 I developed symptoms and was advised to discuss with the Director of Nursing. She advised me to get tested at a new community test site, even though we had tests available at work.... View More

Neil Pedersen
Neil Pedersen
answered on May 14, 2020

The quick answer is yes, they can do that unless you can prove the motivation for the move was unlawful.

In California you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. As an at will employee your employer can...
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1 Answer | Asked in Employment Law for California on
Q: Quitting when on furlough?

Hi, I work as a helper for a family with a stay-at-home mom and “non-essential” work from home dad. I have been furloughed and receiving unemployment for the past 2 months. I am thinking of quitting this position before I am allowed to go back to work and do something else. How does it work? Do... View More

Neil Pedersen
Neil Pedersen
answered on May 13, 2020

You simply inform your employer of your intent to quit. You have no legal duty to give advanced notice. You can simply quit, effective immediately, if you wish to do so. Of course, giving some notice would likely make it possible to get a better reference. You will have no duty to repay the EDD... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Covid19: unable to start newly signed apt. lease. College student moved home in March and can't return for summer/fall.

A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... View More

Marco Antonio Torres
Marco Antonio Torres
answered on May 13, 2020

If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.

Best...
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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can I be held responsible if I give proper notice to everyone (landlord & roommates) but roommates won't leave?

I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... View More

Marco Antonio Torres
Marco Antonio Torres
answered on May 13, 2020

The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.

You would be well served to initiate the termination of your...
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1 Answer | Asked in Public Benefits and Social Security for California on
Q: Receiving Government relief and Unemployment while applying for Disability?

I am in the process of filing for SSDI in CA which coincidentally happens during the ongoing COVID19

Following announcements I have filed for temporary relief and unemployment insurance- just as the Governor said.

The condition of applying for SSDI is absolutely no income from any... View More

Neil Pedersen
Neil Pedersen
answered on May 12, 2020

To get SSDI you need to certify that you are physically or mentally incapable of performing work. To get unemployment insurance benefits you need to certify that you are ready willing and able to work full time and that you are seeking full time employment. The two are mutually exclusive. If you... View More

1 Answer | Asked in Employment Law for California on
Q: Around the 1st week of May we were told to that we had to buy out all our PTO before the end of the week because of the

California warn act and we found out the company already did that without any formal notice. Then before we know it on Sunday may 10 we were scheduled to work but we were informed that if we have coughs runny nose shortness of breath body aches covid 19 like symptoms that we were to stay home. I... View More

Alden Jay Knisbacher
Alden Jay Knisbacher
answered on May 12, 2020

The California Labor Commissioner has said that employers must give their employees “reasonable notice” of a requirement to use accrued vacation or PTO. Reasonable notice has been interpreted to mean 90 days notice. So, no, I do not think that is legal.

I am not clear on what you...
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4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... View More

William John Light
William John Light
answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
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1 Answer | Asked in Employment Law for California on
Q: Can you use the PPP loans to retro pay employees?

I was furloughed from my job is March, I filed and received unemployment benefits shortly after. In the month of April I started receiving the addition $600 a week federal payment from the CARES act. My employer called me on April 30, notified me that we were opening back up, requested me to come... View More

Neil Pedersen
Neil Pedersen
answered on May 8, 2020

The PPP program is nothing more than an SBA loan and the employer can use that loan money for any business purpose. However, if the employer wants money to be forgiven, it must use the money for payroll and certain other expenses. What your employer is doing, by retroactively paying payroll, is... View More

2 Answers | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: Can a store deny me service for not being able to buy mask

I sent to my local 99 cent store to purchase battery and they had there security gaurd stop me from entering the store without a mask they said I could not enter and they will refuse service and that it was the law

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on May 8, 2020

The security guard was correct. It would be a violation of the law for the store to allow you to enter. Under current state and local county orders concerning the COVID-19 pandemic all patrons of grocery or other retail stores are required to wear masks for their own safety, for the safety of other... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Hi , I have visitations with the mother of my kids. She’s not letting me see the kids due to Covid-19, what can I do?

I have visitations on Saturday and Sunday 10am-12 pm . She told me that the only way I could see them if I do a Covid-19 test which I did and it came out negative. She’s requesting for her to see results or else I won’t be able to see the kids. What can I do?

Tobie B. Waxman
Tobie B. Waxman
answered on May 6, 2020

There is no legal authority for using Covid 19 as a reason to violate custody/visitation orders. She is in the wrong. However if you got tested and you know the results are negative, why not just let her see the results so you can see your kids. Once the courts reopen, you can file a motion to... View More

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