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In an ever-changing world fraught with natural disasters and
other emergencies, employee safety is of paramount importance. Some situations
might compel you to refrain from reporting to your workplace or even make you
leave your workstation. However, in some cases, you might be worried about the
reaction of your employer, which is totally normal.
If you reasonably believe that your place of employment
poses risks and there is an emergency condition, there should be no adverse
job-related action taken for your decision to prioritize your safety.
Senate Bill 1044
The introduction of Senate Bill 1044 ushers in a new chapter to
the Labor Code aimed at prioritizing and protecting workers’ rights,
particularly during an emergency condition. This legislation asserts that
employees possess the right to refuse to report or can leave an environment
deemed unsafe while an emergency is ongoing.
When this occurs, there’s an obligation on behalf of
employees towards their employer. Ideally, they should provide prior
notification if they are planning on leaving or refusing to work. However,
given that the bill is directed at emergencies, it’s understandable that this
may not always be possible, as these situations are often evolving.
In this case, employees are allowed to inform employers as
soon as possible afterward — this highlights worker safety while keeping in
mind an employer’s needs.
What Is an Emergency Condition?
You might be wondering about the term “emergency
condition” as used in Senate Bill 1044. Essentially, it refers to a
catastrophic event that may result from natural phenomena or wrongdoings by
individuals — like criminal activity — and can lead to dangerous circumstances
necessitating evacuation orders.
However, there’s an important caveat you should be aware of
regarding this bill’s use of the term “emergency condition.” Despite
their potential for significant disruptions and implications on work
environments, health emergencies are deliberately excluded from this
definition. So even though something like COVID-19 demands urgent attention and
creates unexpected situations at workplaces, it would not count as an emergency
condition under SB 1044.
Worker Needs To Have Reasonable Belief of Emergency Condition
A key concept driving this bill is the term “reasonable
belief.” In simple terms, it means that if you choose not to go into or
decide to leave the workplace during an emergency, it should be based on a
sincere understanding of facing imminent danger.
Here, “imminent danger” refers to threats that
realistically could result in loss of life or severe injury.
It’s absolutely crucial for you to feel safe at work.
However, also important is following legal protocols, ensuring your decisions
are protected.
Employers Cannot Prohibit Access to Cell Phones
If you’re an employee in a public agency or anywhere else,
SB 1044 is here to ensure your right to access your mobile device during
emergencies. This law prohibits any employer from stopping you from using your
communication devices for emergency help, assessing safety conditions around
you, or checking on the safety of another person during an emergency.
This important piece of legislation recognizes the critical
role our personal devices play in staying safe and connected when facing
unforeseen crises. So, remember, if danger strikes while at work, an employer
cannot retaliate against you for using your mobile device to get help.
Employees Excluded From This Bill
While this bill gives most employees the right to refuse or
leave work under emergency conditions due to safety concerns, this privilege
doesn’t extend across all job categories. Certain roles and professions are
exempted from invoking these rights.
Specifically excluded from this provision are first
responders such as police officers, firefighters, or paramedics who provide
immediate assistance during crisis situations. It also does not apply to
disaster service workers who have duties tied closely to managing emergencies
on the ground, transportation crew members assisting in emergency evacuations,
and anyone entrusted with the responsibility to help the public evacuate amidst
these trying times.
Similarly, healthcare personnel — especially those providing
direct patient care within medical facilities — are required to continue their
work regardless of emergency circumstances.
What Is an Adverse Employment Action?
Adverse employment action refers to a negative alteration in
the terms and conditions of a person’s job. This could present itself in
various forms, like direct termination, reduction of benefits received by an
employee, demotion impacting your professional rank, or even decreased
opportunities for promotion.
It’s important to note that not every minor workplace slight
or difficulty qualifies as adverse employment action; it must be a significant
change affecting the employee negatively.
Demonstrating an Adverse Employment Action
Demonstrating that an adverse employment action has
significantly impacted your work experience might require a bit of work. The
way to do this is by analyzing and comparing conditions both prior to and post
the adverse action was taken. Elements such as differences in salary,
alteration of working hours, alterations of benefits, or even changes
concerning job title carry considerable weight.
If you suspect you have been a victim of an adverse
employment action as a result of retaliation, it’s highly recommended to seek
legal counsel. An experienced lawyer can provide effective representation to
prove the detrimental change in your work and will help you get the justice you
deserve.
How a Lawyer Can Help With Workplace Retaliation
Securing the services of a lawyer when you’re facing retaliation
at work can be immensely helpful. First, your legal counsel can give you sound
advice on how to document and compile evidence of any incidents that suggest
unfair treatment or victimization in response to the protected actions under
this bill.
A lawyer understands the intricacies surrounding employment
laws, allowing them to navigate through these complex regulations and interpret
them for your specific situation. As this bill is new, you may not know exactly
how it will be applied. Fortunately, a lawyer will help in ensuring that you
are fully aware of your rights and protections under the law.
If necessary, an attorney will assist with filing a formal
complaint with relevant bodies such as business commissions or human resources
departments, helping to draft comprehensive reports detailing each incident so
it’s clear that the retaliatory action has occurred.
Additionally, if further action is required, like taking
matters before courts or arbitrators, having a knowledgeable employment lawyer
on board increases the chances of winning your case. They will build strong
arguments based on facts collected throughout the investigation, ensuring that
they build the strongest case possible for you.
Among other tasks they undertake, lawyers can also help
negotiate settlements too. If you’ve been retaliated against, you may be
entitled to compensation. In many cases, settling is cheaper, less stressful,
and quicker for everyone involved. Having a lawyer who is experienced in this
practice can be immensely helpful.
Understanding your workplace rights and obligations can
often seem intimidating, but it’s critically important. The need to identify
and respond effectively when faced with emergencies or adverse employment
actions is crucial, which means you must learn the specifics of laws like
Senate Bill 1044.
If you believe your rights have been violated, never
hesitate to consult with a legal professional. Contact Gomez Trial Lawyers
today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting
us online.
