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Covid + probation
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<blockquote data-quote="Swanson" data-source="post: 4950582" data-attributes="member: 88203"><p><strong>2. Can my employer fire me if I do not show up to work because I tested positive for COVID-19 or a local or state authority ordered me to isolate?</strong></p><p></p><p></p><p>Under CalOSHA’s Emergency Temporary Standards, employers are required to continue and maintain your earnings, seniority, and all other rights and benefits, including the right to your job status, when the employer prevents you from entering the workplace because of a positive COVID-19 test or a COVID-19-related order to isolate issued by a local or state.</p><p></p><p></p><p>This requirement does not apply to any period of time during which you are unable to work for reasons other than protecting people at the workplace from possible COVID-19 transmission or where an employer demonstrates that your exposure to COVID-19 was not work-related. These standards are currently set to expire on May 29, 2021, with potential extensions of up to 90-days if reapproved.</p><p></p><p></p><p>If you believe your employer has violated this standard, please contact CalOSHA via 800-963-9424 or file a workplace safety complaint online <a href="https://www.dir.ca.gov/dosh/Complaint.htm" target="_blank">here</a>. If you feel as though your employer retaliated against you for exercising your rights under these emergency standards, please contact the California Labor Commissioner via 844-522-6734.</p><p></p><p></p><p>If your employer fires you for not coming to work in compliance with a government directive (government mandated isolation), you may have a claim for wrongful termination in violation of public policy. You can find more information about wrongful termination <a href="https://legalaidatwork.org/factsheet/wrongful-termination/" target="_blank">here</a>.</p></blockquote><p></p>
[QUOTE="Swanson, post: 4950582, member: 88203"] [B]2. Can my employer fire me if I do not show up to work because I tested positive for COVID-19 or a local or state authority ordered me to isolate?[/B] Under CalOSHA’s Emergency Temporary Standards, employers are required to continue and maintain your earnings, seniority, and all other rights and benefits, including the right to your job status, when the employer prevents you from entering the workplace because of a positive COVID-19 test or a COVID-19-related order to isolate issued by a local or state. This requirement does not apply to any period of time during which you are unable to work for reasons other than protecting people at the workplace from possible COVID-19 transmission or where an employer demonstrates that your exposure to COVID-19 was not work-related. These standards are currently set to expire on May 29, 2021, with potential extensions of up to 90-days if reapproved. If you believe your employer has violated this standard, please contact CalOSHA via 800-963-9424 or file a workplace safety complaint online [URL='https://www.dir.ca.gov/dosh/Complaint.htm']here[/URL]. If you feel as though your employer retaliated against you for exercising your rights under these emergency standards, please contact the California Labor Commissioner via 844-522-6734. If your employer fires you for not coming to work in compliance with a government directive (government mandated isolation), you may have a claim for wrongful termination in violation of public policy. You can find more information about wrongful termination [URL='https://legalaidatwork.org/factsheet/wrongful-termination/']here[/URL]. [/QUOTE]
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