Legal Question in Business Law in California

can an employer hire you full time.then change your employment status to an "as needed basis",without any kind of warning one month after hiring you?


Asked on 10/13/09, 3:10 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The answer is "pretty much yes." Employment in California is generally "at will," meaning an employee can be discharged at any time for a good reason, or no reason at all, but not for a bad reason (such as whistle-blowing). A corollary to this is that the terms of employment can also be changed (work hours, pay rate, etc.). The principal exceptions are where contracts provide otherwise, such as union collective-bargaining agreements or personal employment contracts. Sometimes, the provisions an employer had put in its employee handbook or some policy manual will be deemed to have the force of contract and bind the employer to provide the benefit described. It's also important to note that an employer cannot change the terms of employment retroactively; i.e., it cannot decide on Friday that your pay rate was $20 an hour on Thursday, instead of $25.

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Answered on 10/13/09, 11:00 am


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