Legal Question in Employment Law in California

I took a job at a restaurant in California and was told that while we had to work on Thanksgiving Day, we would never have to work on Christmas Day. That is the only day the restaurant is closed. Now they are telling us that we have to work Christmas Day as well and we will be fired if we don't. Is there anyway I can spend at least one holiday with my family without losing my job?


Asked on 8/09/10, 6:32 pm

1 Answer from Attorneys

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 minimum wage laws, and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. 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.

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Answered on 8/15/10, 2:28 pm


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