Elawyers Elawyers
Washington| Change
Asked in Los Angeles, CA Mar. 21, 2020 ,  3 answers Visitors: 11
Coronavirus order?

3 Answers

Anonymous
Reply

Posted on / Mar. 21, 2020 17:42:12

As Mr. Devereux said, nobody can force you to go to work.

If your supervisor or management tells you that you must report for work or else lose your job, you should inform them of the Governor's stay-at-home order.

(Here's the Governor's Order: https://www.gov.ca.gov/wp-content/uploads/2020/03/3.19.20-attested-EO-N-33-20-COVID-19-HEALTH-ORDER.pdf)

The Governor's Order references the 16 "critical infrastructure" that have initially been identified by the Department of Homeland Security.

(Here's DHS' provisional guidance on what industries are included: https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce)

It does not sound to me like your job falls in one of the 16 categories, but as Mr. Pedersen said above, that's just a gut feeling. I apologize for the uncertainty, but the entire world is trying to figure out how to respond to a historic crisis. Whether it's the officials at DHS, Governor Newsom, or any attorney on Avvo, we're pretty much all making it up as we go

If you are fired after you inform your employer of that you believe you that the Governor's Order requires you to stay home and not report for work, you could have a viable case for wrongful termination and "whistleblower" retaliation. But all of that remains to be seen - nothing is certain right now.

In the meantime, while you are not working, please be sure to apply for unemployment benefits through CA EDD: https://www.edd.ca.gov/unemployment/filing_a_claim.htm. Value your health and the health of those who you love and depend on you above all else. Don't work in conditions if they place your lives and future in jeopardy. Best of luck to us all.

Anonymous
Reply

Posted on / Mar. 21, 2020 17:34:00

We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential government services be clear for some industries and very unclear for others. And attorneys advising those employers cannot know for sure if those fringe jobs fall in or outside the Order. This is all so new.

All I can give you is a gut opinion. Without security guards our businesses would all fall subject to thieves and looters, so my guess would be that it is going to be considered part of one of the essential functions.

Ultimately you have to make personal decisions that are best for you and your loved ones. If that means leaving your job to shelter in place, then you have to do that, especially if you or any close loved ones are in the high risk category.

Good luck and stay safe.

Anonymous
Reply

Posted on / Mar. 21, 2020 10:29:35

No. No one has to go to work. However, if you are not at work then don't expect to be paid.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer