My sister is a diabetic, and recently got a job with an online auction company in Los Angeles County, CA. The company hosts previews each week where the public can view items up for auction, actual auctions occur online, and the company does not provide delivery for items, so the public must also pick up items which they have purchased.
In spite of the new executive orders by both the CA Governor and LA County Dept of Public Health, her employer is stating that they qualify as an essential business and she should still report to work. I am concerned for her health, and the health of my 85 year old grandmother who has cancer and lives with my sister, and do not think she should be working. I also do not see how an auction company could could be deemed essential.
Is it lawful for them to require her to continue working, and if not, what agency are complaints being directed to? I cant find any information regarding non-compliance on the state or county website.
First, she should put in writing that she feels that going to work would endanger her 85 year mother with cancer and violates a governmental order. She may also be able to request time off to care for her mother, either using her paid sick leave, accumulated vacation or unpaid time off. If she is terminated, she should immediately apply for unemployment benefits due to the Coronavirus as the one week waiting period for unemployment has been waived by the Governor. Finally, if her employer does terminate her, then she should speak to an employment lawyer about bringing a claim for wrongful termination. Most lawyers provide free consultations.
Complaining to a government agency would seem to be the right thing to do, but frankly at this point I doubt there is any infrastructure in place that can enforce the Governor's Order at this time, i.e., there is no Stay-at-Home-Order Police.
Your sister needs to immediately do what it right for her and her grandmother. That means following the Governor's Order. The Governor has the power of law, her employer does not. If she stays home pursuant to the Order and is terminated for doing so, she may well have a meritorious legal claim for wrongful termination in violation of public policy. She can file for unemployment insurance benefits and inform the EDD hearing officer of the reasons for her actions, which will likely be approved.
The bottom line is that your sister's life and the life of her grandmother are FAR more important than satisfying one employer who is clearly more interested in making money than saving lives.
Good luck to you and to your sister.
In some instances there are legal answers and in others, the law is not always the best route. As you've described this I would not try to get a legal (or unlawful) response as that does nothing for you, your sister or grandmother, instead, I'd REPORT these clowns as endagering ALL OF US...
Sincerely, SRK
I am outraged for two reasons: 1) the potential (and hoped for) gathering of more than ten people to view "stuff to bid on", and 2) thinking an auction house is "essential"
My answers: 1) Complaints to government agencies are anonymous. Your sister should phone the appropriate public health authorities on both reasons I mention above. 2) Quit. No salary will compensate your sister for her father's life or her own. She may tell her boss: "I'm not coming in, and if you dare to fire me, you may survive Covid-19 but you won't survive the firestorm on social media that I will start over your behavior (reasons mentioned above plus termination of an employee concerned for very good reason.)
I wish but we, as attorneys, had some pipeline until some vest trove of knowledge that would allow us to answer questions that arose in the last 24 hours—unfortunately, we have nothing of the sort.
I have change the category to employment because there might be someone who has clients who are dealing with this and who can give you some information, but nobody really knows the soon after this announcement has been made.
Indentured servitude has been outlawed for over a century so no one can make her go to work. If your sister feels there is a risk then she should not work there.