How Does California’s “Right to Recall” COVID-19 Law Affect You As An Employee?

Employment Law January 5th, 2022
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The Right to Recall Law or SB 93 is one of the state labor laws covering employees terminated during the Covid-19 shutdown. SB 93 outlines what employers are to do when a job opening occurs that was held by a former employee whose termination was part of the COVID-19 shutdown.


The Covid 19 Laws


SB 93 is enforceable through the Division of Labor Standards and Enforcement and ends on December 31, 2024. The Law affects what your employer is responsible for if you were terminated for reasons associated with COVID-19.


Here are some of the responsibilities that employers face when complying with SB 93:


  1. Employers must offer laid-off employees information about open job positions that laid-off employees are qualified to perform. 1A: The employer has five days to do so and must wait an additional five days to hear from the employee.
  2. Employers are required to offer open positions to qualified employees who were laid off before hiring somebody who hasn’t worked for your company before.
  3. An employee qualifies if they were employed for a minimum of six months from January 1, 2019 – January 1, 2020, and the termination/lay off was specifically related to COVID-19.
  4. Employers must keep accurate employment records that involve communication between you and the company. Those communications would include offers to return to work, job notices, and employee termination notices. Your employer will also need to keep any written communication about why you were not hired back and a new person was.
  5. Employers are prohibited from retaliation against any employee who files claims with the Division of Labor regarding open position fulfillment, wage issues, or other penalizing actions.

Large cities, such as San Francisco, are expected to be heavily impacted by the Covid-19 Law. SB 93 clarifies that your employer is not to use the COVID-19 pandemic to remove specific groups of employees, even those who may make higher wages.


What Can “Laid-off” Workers Do?


If you are an employee who qualifies as an SB 93 “laid-off worker,” and you feel that your employer has violated the labor code in terms of your dismissal, recall to work, or other labor issues, you have rights. To learn about those rights and see if your case falls under the protection of SB 93, call our legal experts at Davtyan Law Firm. We represent clients in Los Angeles, San Francisco, San Diego, and other areas of California. We are here to help answer your questions and pursue legal options available to you. Call us today at (818) 275-5799 for a free consultation!

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