Can Employees Refuse to Work in Emergency Conditions?

Emergencies can arise unexpectedly, and facing such situations at the workplace can be stressful. Employees often wonder if they have the right to protect themselves from unsafe conditions without risking their job security. Understanding one’s rights under California law is crucial, especially in these rare but critical moments. At Minnis & Smallets LLP, we prioritize providing the information and guidance employees need to make informed decisions. One important legal development to know about is California Senate Bill 1044 (SB 1044), which specifically addresses the rights of employees during emergency conditions.

Legal Protections Under SB 1044

California law protects employees who reasonably believe a workplace is unsafe because of an emergency condition. SB 1044 prohibits employers from retaliating against workers who refuse to work under such circumstances.

Under the law, an “emergency condition” is defined as either a disaster or extreme peril caused by natural forces (like wildfires, earthquakes or severe storms) or criminal acts. The law also considers a government-ordered evacuation of a workplace, home or school due to a natural disaster or criminal activity as an emergency condition. It is important to note, however, that SB 1044 does not consider a health pandemic to be an emergency condition under this statute.

This legislation evaluates an employee’s concerns using a “reasonable belief” standard. If a reasonable person under the same circumstances would believe that entering or staying at the workplace poses a real danger of death or serious injury, the employee is justified in refusing to work.

Who Is Covered by This Law?

SB 1044 applies to most employees in California; however, certain categories of workers are excluded from these protections. This includes first responders, healthcare providers, disaster service workers, employees who are legally required to aid during emergencies and workers whose roles are critical to public safety or utilities during a crisis. If an employee fits into one of these exceptions, their duty to serve during emergencies may limit their ability to invoke these rights.

Protection Against Retaliation

One of the most significant aspects of SB 1044 is the strong anti-retaliation provision. Employers are prohibited from taking adverse actions against employees for refusing to report to work or leaving the workplace during an emergency, as long as the employee’s actions align with the law’s requirements. This means employees cannot be fired, demoted or otherwise penalized for protecting their safety.

Additionally, SB 1044 guarantees the right to use communication devices like mobile phones to verify one’s safety, obtain emergency assistance or assess the situation during an emergency. Any attempt by an employer to block these rights could result in legal consequences.

The Importance of Legal Guidance

Navigating emergencies in the workplace can be complex, especially when different parties interpret safety concerns differently. Conflicts can arise if employers disagree with an employee’s safety assessment. That’s where having skilled legal counsel becomes essential.

Contact Minnis & Smallets LLP for Help

If an employee believes their workplace rights have been violated during an emergency condition or is unsure about their legal protections, Minnis & Smallets LLP is here to help. Our experienced employment attorneys are committed to protecting employees’ rights and guide clients through the complexities of California labor law. Contact our office today to schedule a consultation.