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Asked in Turlock, CA Mar. 19, 2020 ,  3 answers Visitors: 6
Restaurant is not following CDC “recommendations” for indoor dining for COVID-19. Employee becomes sick can they sue

3 Answers

Anonymous
Reply

Posted on / Mar. 20, 2020 06:24:51

Likely since the time of your post this hypothetical employee and employer have now become subject to the Governor's stay-at-home order. The employee should comply with the Governor's order and inform the employer of that compliance. If the employer retaliates against the employee for complying with the Governor's order, the employer will likely face consequences for that defiance.

As to your question, if you are injured at work, such as being subjected to the virus, that would likely be a workers compensation issue.

Good luck to you.

Anonymous
Reply

Posted on / Mar. 20, 2020 03:50:06

If that hypothetical employee complains to his/her supervisor or to a state agency about the threat to employee and customer health created by the employer's failure to follow state guidelines, the worker may gain additional "whistleblower" protections. If the employer takes any retaliatory action after the complaint (like reducing hours or verbal or written discipline), it is quite possible that the employee would have a viable "whistleblower" retaliation claim under California Labor Code Section 1102.5.

Best of luck to you in this time of crisis.

Anonymous
Reply

Posted on / Mar. 20, 2020 03:00:00

No. This is part of the Worker’s Compensation bargain and your only claim would be for a workplace injury.

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