# California COVID-19 Wrongful Termination & Workers' Comp > Fired due to COVID-19, denied leave, or infected at work? fight for your rights wrongful termination, FMLA, workers' comp, and disability cases. Source: https://worklawyerca.com/coronavirus-legal-issues/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Los Angeles County, California. Phone: (818) 783-7300 (calling is the fastest way to reach the legal team) Office: 13418 Ventura Blvd, Sherman Oaks, CA 91423 Contact form: https://worklawyerca.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- Employee lawyers are most likely able to offer contingency fee legal representation to employees effected by the Coronavirus if the employee has actually suffered from the Coronavirus. Contingency fee employee Coronavirus lawsuits are most likely to involve persons who were ill with the Coronavirus and fired from their jobs, or persons who can establish they were infected with the Coronavirus at work. Issues about how much an employee is owed under the Federal Families First Coronavirus laws are issues a contingency lawyer may not be able to get into especially during relevant stay at home orders which limit their ability to be fully staffed and functioning as attorneys. CALL **(818) 783-7300** IF YOU ARE A CALIFORNIA EMPLOYEE FIRED FROM YOUR JOB OR NOT REINSTATED TO WORK AFTER BEING INFECTED WITH THE CORONAVIRUS Persons who suffer from the Coronavirus had a serious medical condition for which the California Family Rights Leave Act (CFRA) and Family Medical Leave Act (FMLA) cover. Not all employers are liable for the [CFRA and FMLA](https://worklawyerca.com/fmla-family-leave-act/). Only employees who have worked at the job for 1,250 hours or more within the last year, have been employed for a year, and work at an employer with 50 or more employees are eligible for CFRA/FMLA coverage. This means employees working at companies with only 15 employees, or employees who have only been employed for a month are not eligible for FMLA rights. Employees who qualify for CFRA/FMLA protection at work are allowed to miss up to 12 weeks of work in a year. If an employee went out on leave due to having the Coronavirus, they are entitled to reinstatement at a comparable job with comparable pay. If the employer refuses to reinstate the employee because they once suffered from the Coronavirus the Family Medical Leave Act has been violated if it applies. ## WORKERS COMPENSATION FOR EMPLOYEES WHO GOT THE CORONAVIRUS AT WORK Employees who were infected with the Coronavirus at work should file for workers compensation benefits. If there was a large outbreak at the employer as has happened at several nursing homes, it may be easy to prove the infection happened at work. Like any other work injury case, a certain amount proof or probability must exist that the injury is a result of work. An experienced [workers compensation lawyer](https://worklawyerca.com/los-angeles-workers-compensation/) knows how to prove workplace causation issues. CALL (818) 783-7300 IF YOU CONTRACTED THE CORONAVIRUS AT WORK Workers compensation claims due to contracting the Coronavirus at work may result in the employee receiving larger amounts of disability pay than they would otherwise receive. If an employee suffers permanent lung damage, that is a permanent injury an employee can receive compensation for in the workers compensation system. The other benefit of filing a workers compensation claim due to Coronavirus exposure is your employer has to pay your medical bills if you are successful in your workers compensation claim. Medical bills associated with Coronavirus treatment and hospitalization are likely to be expensive. Even if an employee has health insurance there could be co-pays and deductibles. CAN THE CORONAVIRUS CREATE A DISABILITY? A certain number of Coronavirus patients will experience permanent lung damage. If an employee has lasting medical problems due to their infection with the Coronavirus they may have a disability under the law. Disabilities that receive protection under employee disability laws require a permanent condition or a long history of treatment. If an employee has a disability the employer must accommodate their leave of absence from work longer than if they have a mere serious medical condition under the Family Medical Leave Act. Additionally, there are greater rights concerning accommodations if an employee has a permanent disability. CALL (818) 783-7300 IF YOU BECAME DISABLED FROM WORKING DUE TO THE CORONAVIRUS Since 1993, the Employment Lawyers Group has represented hundreds of employees who were disabled. Long term medical conditions created by the Coronavirus will receive the same level of protection as other disabilities. To read more about Fair Employment and Housing Act (FEHA) disability discrimination [CLICK HERE](https://worklawyerca.com/los-angeles-disability-discrimination-lawyer/) CORONAVIRUS WRONGFUL TERMINATION In regard to the Coronavirus, the Employment Lawyers Group may take cases for wrongful termination other than for those employees who have a disability or are protected by the FMLA/CFRA. **[Wrongful termination](https://worklawyerca.com/unlawful-termination-examples/) due to the Coronavirus may exist if:The employee complained to their employer that the employer was providing inadequate safety equipment during the Coronavirus or unreasonably subjected the employee to exposure of the CoronavirusThe employer is violating stay at home orders whether those are complete stay at home orders, or are orders pertaining to employees over 65** What is unreasonable on the employer’s part will be decided on an objective standard. This means a reasonable person like the employee would find the safety practice unreasonable. However, issues are likely to exist concerning whether the employer is providing essential or non-essential services and how other employers in the industry are behaving. If an employee’s decision to not work is based upon a disability that may make them more susceptible to death if they contract the Coronavirus that is also a factor. Deciding What May Constitute Wrongful Termination as the Conduct Relates to the Coronavirus is Best Made in Consultation with an Employment Lawyer Call (818) 783-7300 ## UNPAID WAGES DUE TO THE CORONAVIRUS Our contingency lawyers are taking cases for employees who were not paid all of their wages due to a Coronavirus layoff. We recommend employees give their employer a reasonable amount of time to pay their wages before suing. Due to a lack of staff, or inability to enter the workplace some employers may be slightly delayed in paying employees their wages. California Labor Code penalties relating to the untimely payment of wages at termination or resignation are based upon a willful failure to pay. Judges, arbitrators, and the Labor Commission may excuse or otherwise not enforce penalty provisions due to the inability of employers to access the workplace, inadequate staff, or third-party payroll companies who are not able to get out checks the same day. The mail may also be slow. These are unknown territories. [Unpaid wages](https://worklawyerca.com/wage-lawyer/) for more than a week or two may merit contacting our wage lawyers at (818) 783-7300. We represent employees on an individual, group, or class basis for unpaid wages. We do not, however, take cases against bankrupt employers or employers who have gone out of business. In situations like that the Department of Labor Standards Enforcement (DLSE) has better resources to prosecute those kinds of claims and may be collect money from the employer. CORONAVIRUS EMPLOYEE ISSUES CONTINGENCY LAWYERS CANNOT HELP WITH **Issues a contingency fee employee attorney cannot assist with, due to the Coronavirus, include: Mass layoffs that did not comply with the WARN ACT due to the fact the Coronavirus and stay at home orders were unforeseeable circumstances thereby creating an exception to the Warn ActWrongful termination lawsuits by employees of essential industries who are not subject to a stay at home order who unreasonably refuse to come to workCollecting wages from an employer who has gone out of business or is in bankruptcy** **(818) 783-7300 for a lawyer who represents Wrongul Termination due to Corona Virus.** ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Los Angeles County We have proudly served all of Los Angeles County since 1993. Ready to discuss your case? (818) 783-7300 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://worklawyerca.com/discrimination-attorney-8-facts-to-prove/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://worklawyerca.com/unpaid-wages-attorney-los-angeles/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://worklawyerca.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://worklawyerca.com/wrongful-termination-settlements/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://worklawyerca.com/leave-of-absence-lawyer-los-angeles/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://worklawyerca.com/los-angeles-whistle-blower-lawyer/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://worklawyerca.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (818) 783-7300 Now](tel:8187837300)