Legal Question in Employment Law in California

When I had other job offers on the table when I joined my current company. I accepted based on the verbal agreement that I could work from home once a week for the first six months and then be re-evaluated (based on my ability to be productive and work independently). Long story short, top management when I first joined is no longer here, and new management will no longer allow me to work twice a week from home. I have since obtained written statements from the previous CEO and my then hiring manager that states this agreement, but I am still demanded by new management to work from home once a week due to "business needs".

I had been working from home twice a week for a few months now and there never has been issues in the past nor has it ever come up. I just got a new boss and on her second day made this drastic change. Essentially, because I was already working from home twice a week, I had made home committments around after-school activities for my child. I also commute 2-3 hours one way, so it makes it impossible for me to stay true to my committments at home and cannot adjust overnight. This change will force me to resign, and I do not want to.

Do I have any rights to reinstate my work from home status?


Asked on 9/13/16, 3:11 pm

1 Answer from Attorneys

No. All terms of employment that are not mandated by law, or subject to a contract of employment for a specific term or a union contract, are trumped by the "at will" employment status. Since they can terminate your employment at any time, and you can quit at any time, they can change your terms of employment at any time. This unexpected change in the terms of employment MIGHT allow you to collect unemployment even if you voluntarily leave the company, but that's the only legal right that accrues in the event of an unfair change in work conditions or terms.

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Answered on 9/13/16, 3:38 pm


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