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You can file a compensation claim in the event that your labor rights are violated.
The health emergency generated by COVID-19 has caused an economic crisis in the country that has undoubtedly affected a large number of people; to begin with, hundreds of businesses were forced to close their activities due to the confinement measures that were issued in the national territory and the inability to migrate their services to the digital environment, as is the case in the tourism and transportation sectors. On the other hand, millions of people lost their jobs or saw their working hours and income reduced due to the same pandemic.
Only by the month of June, 42 million people in the national territory had requested an unemployment subsidy from the government, and it is expected that this figure will continue to increase.
As the curve of infections rises, it has become evident that the relaxation of isolation measures is not a smart measure, since the result is an increase in cases of hospitalization and occupancy of intensive care units, as in the case of Los Angeles County, where in just 24 hours there was an increase of 30% and 17% in hospital occupancy respectively.
These figures are more than alarming for the Latino community living in the State of California, because although many retained their jobs performing essential tasks in supermarkets, maintenance or agriculture among other sectors, a large number of immigrants were laid off from their jobs and the promise of returning to them seems far off in the outlook.
If you believe that your labor rights are being violated, keep the following in mind.
- If your employer is the one who decides to suspend contracts for a determined period of time, they must maintain benefits for the employee, that is, the payment of a minimum wage or they will be violating your labor rights.
- If the employer does not want to pay your employee for the time off, they must terminate the contract in strict compliance with the State laws, which indicate that they must provide compensation for having terminated the contract without justified cause or they will be violating your labor rights.
- In the event that your employer terminates the contract but does not provide the severance benefit, they will be incurring in an unjustified termination and as such is subject to a claim for labor compensation.
- An employer cannot force their workers to resign; such a case represents an abuse or violation of labor rights and also grants the right to claim labor compensation.
At Conexión Legal we offer free consultation for cases of workplace negligence or violation of labor rights; contact us through this channel by the WhatsApp icon or by Scheduling Your Consultation and explore the alternatives to resolve your case.Additionally, you should be clear that these conditions apply to all workers in the State of California, because according to the California Employment Development Department or EDD for its English acronym, workers' compensation benefits are granted regardless of the immigration status of the claimant, even if they are temporary or part-time workers.
Whatever case you are experiencing, it is ideal that you consult with a trusted attorney, who can guide you step by step for your convenience to carry your case successfully. Do not allow your labor or civil rights to be violated.
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