Legal Question in Business Law in California

Print out the handbook while you can. Keep good records (at home, please). If and when the job ends, make a claim with the Labor Commissioner or file a lawsuit.

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 CA wage and hour laws, and formal 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. 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.

Vacation pay can be offered by an employer, but is not required by law. If an employer provides vacation pay, the pay legally belongs to the employee, and the employee's accrued vacation days can never be lost.

With respect to sick pay, you are going to have to look at the federal Family and Medical Leave Act (FMLA) (29 U.S.C. sect. 2601) and the California Family Rights Act (CFRA)( Gov't Code sect. 12945.2 and 19702.3) to determine whether it applies. It is generally applicable to employers of 50 or more employees.

These acts contain overlapping and sometimes conflicting employee rights and employer obligations. Covered employers must provide time off for personal illness, to attend to the illness of a member of the employee's family, and in connection with the birth or adoption of a child. Although that sounds simple, I can tell you that FMLA/ CFRA cases are among the most litigated of all employment law cases and can result in large liabilities.