Can I be fired for going to CalWORKs or CalFresh appointments?

This page is general information, not legal advice. For help with food today, see Food help. Worried that benefits affect an immigration case? See Will using benefits like CalFresh hurt my immigration case?

Can my job punish me for missing work for a benefits appointment?

Often, yes. Most California jobs are "at will," which means an employer can end the job for almost any reason that is not illegal (Labor Code 2922). Getting public benefits is also not on California's list of protected traits in employment (Civil Rights Department).

That is hard to hear. But there are real ways to protect both your paycheck and your benefits, and some laws do help in specific situations. Read on.

Your boss cannot punish you for these reasons, though:

• Using paid sick leave for a health appointment
• Taking time off for a protected reason, like being a survivor of violence
• Complaining about unpaid wages, unsafe work or discrimination
• Your race, sex, disability, national origin or another protected trait

If the real reason for punishment is one of these, that is illegal. See What counts as illegal retaliation at work.

How do I avoid missing work for appointments?

1. Ask for a phone or video appointment. Federal SNAP rules let states use telephone interviews instead of in person interviews, and list work hours as a hardship reason (7 CFR 273.2(e)). Ask your county worker for one. You can also ask for an in person interview if you prefer.

2. Ask for a different time. Call as soon as the notice arrives. Tell the worker your shift hours. Early morning, lunch or end of day times may be possible.

3. Use BenefitsCal. Many tasks, like uploading papers, reporting changes and reading notices, can be done online at BenefitsCal without a trip to the office.

4. Send someone for you. For CalFresh, an authorized representative can be interviewed for your household (7 CFR 273.2). Ask the county how to name one.

5. If you miss it, act fast. For a new CalFresh application, the county must tell you that you missed your interview. If you contact the county within the 30 day application period, it must give you another chance, and it cannot deny your application for the missed interview before day 30 (7 CFR 273.2).

6. For CalWORKs Welfare to Work, give your county worker your work schedule in writing and ask that appointments be set around it. Keep a copy.

Can I use paid sick leave or other leave?

Paid sick leave in California can be used for diagnosis, care or treatment of a health condition, or preventive care, for you or a family member (Labor Code 246.5). Employers must allow at least 5 days or 40 hours a year (Labor Commissioner). That covers a doctor visit through Medi-Cal. It does not list benefits interviews.

Survivors of violence may take time off for court orders, and at employers with 25 or more workers, for medical care, counseling, shelter and safety planning (Labor Commissioner, Q24). See Your job rights as a survivor of abuse.

Vacation or paid time off, if your job has it, follows your employer's policy. Ask in writing.

Your union contract may give more. Ask your steward. See Can I join a union at my job?

See Paid sick days in California for the full rules.

Will I lose benefits if I leave a bad job?

Not always. A 2022 California law, AB 2300, protects people on CalWORKs and CalFresh who leave or cut back at a job that breaks the law (AB 2300, Chapter 588, Statutes of 2022).

CalWORKs. You cannot be sanctioned for not meeting a program requirement when the reason is tied to a job that, for example:

• Discriminates against you
• Has hours far beyond what is normal for that kind of work, or hours so unpredictable you cannot plan
• Breaks health and safety rules, or has no workers' comp insurance
• Involves sexual harassment or abusive conduct
• Breaks wage theft, paid sick leave, family leave, lactation or other labor laws, or any federal, state or local work law

For most of these, your own statement is enough. The county does not have to verify it, and you do not have to name the law. For unpredictable hours, you need to give some proof, such as schedules. This relief lasts up to three months from when the problem started.

CalFresh. If you quit a job or cut your hours for one of those reasons, or because your hours were too unpredictable to plan your monthly income, the county must find you had good cause, as far as federal rules allow (Welfare and Institutions Code 18929).

The county must tell you your rights. When you report that you refused a job, cut hours, quit or were fired, the county must give you information about workplace rights, including how to complain to the Labor Commissioner and the Civil Rights Department.

What if I was fired?

1. Report the change to your county as your program requires, and keep proof that you reported it.
2. Get your final paycheck. If you are fired, all wages are due right away. See How to file a wage claim.
3. Apply for unemployment if you have a Social Security number or work permission. If you are fired, the employer must prove misconduct (EDD). See Unemployment after being fired or quitting.
4. Was the firing illegal? If it was really about a complaint, a protected trait, or a protected leave, get help. Most retaliation complaints to the Labor Commissioner are due within one year.

Common mistakes to avoid

• Ignoring an appointment notice. Call right away, even if you cannot go.
• Telling your boss only at the last minute. Give notice in writing as soon as you know.
• Quitting without writing down why. If a job broke the law, write down what happened before you leave. It helps both your benefits and any claim.
• Not keeping copies. Save every notice, message and form.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your county social services agency: appointments, rescheduling and benefits questions. Apply or manage your case at BenefitsCal. CDSS county offices
• San Mateo County Human Services Agency: apply for CalFresh online, by phone, mail, fax or in person. San Mateo County CalFresh
• California Labor Commissioner: unpaid wages and retaliation, with interpreters. 833-526-4636. Labor Commissioner
• Legal Aid at Work Workers' Rights Clinic: free and confidential within income limits or age 60 and over. 415-864-8848; East Palo Alto line (415) 404-9093. Workers' Rights Clinic
• 211: local help finding food, legal aid and benefits support. See 211.

Questions people ask

My boss says I missed too many shifts for "personal stuff." Can I say it was for benefits? You can tell your boss the truth. You do not have to give details. Ask for future schedule changes in writing.

Can my county worker give me a letter for my employer? Ask. Your appointment notice itself shows the date and time, and you can show it if you choose.

I am undocumented but my children get CalFresh. Will my boss find out? Ask your county worker how your information is used and shared. Do not share anyone's immigration status at work. For immigration questions, see Will using benefits like CalFresh hurt my immigration case?

Is there a script I can use?

Your family's food and your job both matter. Plan early, ask in writing, and get help if a job crosses the line.