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June 16th, 2020
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Last week, California’s state agency in charge of administering unemployment benefits, the Employment Development Department (“EDD”), issued a new set of general guidance (here and here) regarding employees who refuse to return to work as businesses reopen across the state. Specifically, the EDD reiterated that individuals are disqualified for unemployment benefits if they refuse to accept “suitable” employment when offered.
What is a “suitable” offer of employment? Under California law, the EDD will consider whether the particular work is “suitable” in light of factors such as the degree of risk involved to the individual’s health and safety, and as a result whether the individual has “good cause” for refusing the work. In the context of COVID-19, a “suitable” offer of employment is one in which an employer is complying with all state and federal safety regulations (e.g. those promulgated by OSHA and the CDC). If these governmental protocols are being met, laid-off or furloughed employees who do not have underlying health issues that may increase their susceptibility to COVID-19 may not have “good cause” to refuse to return to work and could be disqualified from receiving further unemployment benefits.
What about telework? Under the new EDD guidance, workers who do have “high risk” factors for COVID-19 could still lose their unemployment benefits if they turn down an employer’s offer to telework.
What about wage cuts? The new EDD guidance also threatens loss of unemployment benefits for workers who refuse “suitable” offers of employment because the wages they are being offered are less than their current unemployment benefits. This part of the new guidance applies so long as the offered wages are the “prevailing wage based on the individual’s particular skill or occupation.”
Reporting to EDD. The new EDD guidance provides employers with different ways to inform the agency of an employee’s refusal to return to work including sending in a letter within 15 days from the date the job offer was turned down.
If you’re an employer or employee with questions about the new EDD guidance, or about other “return to work” issues, please contact Tricia Legittino at 310 579 9632 or tlegittino@fkks.com, Tiffany Caterina at 310 579 9620 or tcaterina@fkks.com, Wendy Stryker at 212 705 4838 or wstryker@fkks.com, or any other member of the Frankfurt Kurnit Employment or Litigation Groups.
Other Employment Law Alerts
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
June 23 2020
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
June 16 2020
California Courts Lift Certain COVID-19 Restrictions and Begin Preparations to Fully Reopen
As the COVID-19 crisis eases, California courts have removed certain restrictions that had been put in place to reduce pandemic-related harm. Read more.
June 16 2020
