(Someone PMed me asking for clarification on something I posted in another thread. I thought the bulk of my answer to her would interest others, so here it is.)
This is the link to the U.S. Dept. of Homeland Security's GUIDANCE ON THE ESSENTIAL CRITICAL INFRASTRUCTURE WORKFORCE issued March 19.
https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce
A few choice quotes:
"If you work in a critical infrastructure industry, as defined by the Department of Homeland Security, ...you have a special responsibility to maintain your normal work schedule.”
If you scroll down the list of such industries and open Financial Services, you'll find (my emphasis in capital letters):
"WORKERS WHO ARE NEEDED TO PROCESS AND MAINTAIN SYSTEMS FOR PROCESSING FINANCIAL TRANSACTIONS AND SERVICES (e.g., payment, clearing, and SETTLEMENT; wholesale funding; insurance services; and capital markets activities)
WORKERS WHO ARE NEEDED TO PROVIDE CONSUMER ACCESS TO banking and LENDING services, including ATMs, and to move currency and payments (e.g., armored cash carriers)"
Could all grocery store workers quit because it's dangerous and then claim unemployment? The bank's are still operating: aren't bank tellers at risk?
The work is there if we want it. If we choose not to do it, despite the fact that the law appears to say we can and that we are, in fact, "essential", that's on us. We haven't been sent home under a stay at home order and would not be if we worked in an attorney's office or title/settlement company doing the same thing. Other workers - utility workers, banks tellers, etc. - are "essential" and so, apparently, are we.
NOW, all that being said, it is possible, although I think unlikely, that your state may allow you to collect unemployment if you simply stop working. Each state manages it's own unemployment system and rules. However, you will note in previous forum discussions that this has been widely discussed by the CA notaries and the reigning consensus is that we are "essential" under federal law and, therefore, don't have the right to just stop working and claim unemployment.
I am not a lawyer, so this is only my personal read on this matter. (I was a paralegal for 20 years.) If you really want a read of your state's unemployment law under it's new guidelines and the federal guidelines, I would consult an employment attorney in your state.
On a more personal note...
I have been wearing a mask and gloves for over a week even 'though there is currently no indication of "community spread" in my area. I did my last "in person" signing today: all others will be outside the home, on a porch or in an open garage maybe, but more likely through the door and a window. The moment I think we have community spread, if not before, I will stop. My 80 year old mother lives with me. And, yes, that will probably mean that, for me, this will probably be even more of a disaster than for most of the American workforce. (And I never recovered from the last one. I am almost 58 years old and will work until the day I drop dead.)
All of us need to be careful, think for ourselves, and take care of our loved ones. I pray we all stay in good health. |
