Legal Question in Employment Law in California

I believe my employer is in violation of one or more California labor laws and I am trying to determine which one(s). On my 2010 Performance Review I was rated on work that was assigned to someone else, a temp who was hired to take up the slack. Can you please assist?.


Asked on 3/13/11, 8:20 pm

2 Answers from Attorneys

There is no law against being an incompetent employer. There is no law that says an employer must be fair. There is no law that an employer cannot punish, demote, deny raises, deny promotions, or even fire you for any reason at all or no reason at all, except as follows: The only things you are protected against are: 1. Failure to pay wages due and at least minimum wage, and overtime if you are not exempt. 2. Failure to provide mandatory breaks. 3. Discrimination based on a protected classification such as race or gender. 4. Harassment based on a protected classification such as race or gender. 5. Termination, adverse job action, or discipline for protected "whistle blower" activities or protected union activities. 6. Violation of mandatory leave laws that apply to your employer, if any. 7. CalOSHA violations. And, 8. Termination, discipline, or adverse job action for asserting any of the foregoing rights.

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Answered on 3/13/11, 10:08 pm
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the state wage and hour laws and any formal company policy that may be in place, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need..

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Answered on 3/14/11, 11:27 am


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