I work as a personal trainer in San Diego and my employer is claiming our gym can stay open while other gyms shut down because of the fact we are a smaller private facility that typically hosts no more than 8 people at a time. I personally do not feel comfortable working at this present time especially since my job involves working with people of all types of backgrounds where I have no idea who they are exposed too on a daily basis. One if my clients had actually stated to me she had direct contact with 2 people the last day I worked with the coronavirus and failed to mention it to me until our session was done. The state has issued a shutdown and It seems to me he is ignoring that order. Am I being overdramatic or is the owner being negligent and unlawful? He claims the city gave him the okay to be open but I have my doubts considering the state is on lockdown.
I'm starting to see a few cases on this already. Ultimately, as Mr. Pedersen has stated, you have to make a decision based on what's best for you. It is possible that the decision to stay open violates the Governor's order, and that if you are terminated, the matter could be actionable under a variety of statutes. But litigation can be weird sometimes, and so there are no guarantees.
It is very clear that the order to shut down all gyms is not as limited as your employer claims.
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. If you are retaliated against or terminated for doing so you may well have a later case for wrongful termination in violation of public policy.
Good luck and be safe.
