Asked to work in an evacuation zone - is that legal/actionable?

[GaryKildoll]

Recently, California had the worst fires ever. While I wasn't in the Northern California, my job was located in the Southern California ones that saw some of expensive zip codes in LA evacuated : Malibu, Thousand Oaks, Westlake Village and etc. I was asked to go into work because no one else in the department could reach the site and do the same company-critical job as I could in time. It was in a mandatory evacuation but the fires had not reached that area (and ultimately never did) and it was cordoned off by the Sheriff. Most people going in were residents to get things out. So I was stopped and the sheriff asked what I was doing. I stated my job and they said "You understand this is a mandatory evacuation zone. That you are on your own and can not expect immediate help." I had to agree to those terms before I could proceed. Now I am contending with an incorrect overtime for those hours but I am contemplating further action as the air was incredibly unhealthy, and part of the work involved walking between several buildings on the outside. I was not the only person at work but I do not work in facilities - they only assisted me.

 

[cbg]

Other than the incorrect overtime, which is a separate issue, what law do you think was broken?

 

[quincy]

Recently, California had the worst fires ever. While I wasn't in the Northern California, my job was located in the Southern California ones that saw some of expensive zip codes in LA evacuated : Malibu, Thousand Oaks, Westlake Village and etc. I was asked to go into work because no one else in the department could reach the site and do the same company-critical job as I could in time. It was in a mandatory evacuation but the fires had not reached that area (and ultimately never did) and it was cordoned off by the Sheriff. Most people going in were residents to get things out. So I was stopped and the sheriff asked what I was doing. I stated my job and they said "You understand this is a mandatory evacuation zone. That you are on your own and can not expect immediate help." I had to agree to those terms before I could proceed. Now I am contending with an incorrect overtime for those hours but I am contemplating further action as the air was incredibly unhealthy, and part of the work involved walking between several buildings on the outside. I was not the only person at work but I do not work in facilities - they only assisted me.

Did you wear a face mask? Have you experienced any health effects as a result of working in the area (e.g., respiratory problems requiring medical care)?

 

[ALawyer]

I'm not sure what you are getting at. Obviously if you were injured at work you'd be entitled to benefits under the Workers Compensation laws, and if you need[ed] medical treatment, or the smoke caused damage to your lungs, that should be covered. If on the other hand you are asking what could have happened to you if you had refused to go into the fire zone, such as could you be terminated or otherwise disciplined, that would be an interesting question, and presumably it depends on exactly what you job is.

 

[PayrollHRGuy]

I'm not sure what you are getting at. Obviously if you were injured at work you'd be entitled to benefits under the Workers Compensation laws, and if you need[ed] medical treatment, or the smoke caused damage to your lungs, that should be covered.

Agreed 100%.

If on the other hand you are asking what could have happened to you if you had refused to go into the fire zone, such as could you be terminated or otherwise disciplined, that would be an interesting question, and presumably it depends on exactly what you job is.

Interesting? Maybe. Relevant to anything other than what might happen should the OP ever be in this position again? Nope.

And the answer is that the OP could be fired unless they have a contract that would override employment-at-will.

 

[adjusterjack]

I am contending with an incorrect overtime for those hours

File a wage claim with the state if you have to.

I am contemplating further action as the air was incredibly unhealthy,

Unless you develop, or have developed, a medical condition as a result there is no further action. If you have developed a medical condition then workers comp is your only recourse.