Legal Question in Business Law in California

Employment Question

I have been employed as a per diem (non-benefitted)employee at the same company for 12 years. My supervisor recently asked me and the other per diem employees to sign a statement which reads "...I must work a minimum of 3 days/mo. to remain on staff. Should I not fulfill this requirement, I understand that I may be removed from the staff list". I am reluctant to sign this form. Currently, I work much more often than the required 3 days/mo., but I do not wish to lose my position if I am vacationing or ill one month. What should I do? Do I have to sign this statement? Could they fire me if I don't sign the statement? I value my job and don't wish to be difficult. I wish only to protect myself from an employer who has a past record of letting go senior employees in order to hire younger people at lower wages.


Asked on 10/20/00, 7:00 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Employment Question

Unless your employment is protected by a contract of some kind, express or implied, you always face the possibility of being discharged, perhaps without cause. The employer request may be benign or quite malevolent, but is probably just a matter of housekeeping its employee relationships.

In my opinion there are risks in signing and in not signing, but it's less risky to cooperate by signing than to appear anti-company by refusing to sign.

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Answered on 11/16/00, 10:08 pm


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