Legal Question in Employment Law in California
I work in a restaurant in California I was hired as a restaurant server four years ago and make my money by earning tips ! The restaurant has now decided to rotate all the servers and making them be a food expediter once a week which is an hourly rate much much less than being a server making tips! Can they force me to take this position once a week or do I have a right to refuse this is this legal because I was not hired to be a food expediter that's a complete different position with a different title
1 Answer from Attorneys
Unless you have a written contract, an employer is generally allowed to change an employee's duties. There may be some exceptions, but I am not sure that any would apply to your situation. You always have a right to refuse to comply with an employer's request. And the employer probably has the right to terminate you for refusing (again, there are exceptions).
You may want to contact a local employment attorney for a consultation.
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