Legal Question in Business Law in California
I have worked at a company for 6 years. They changed hands in November of 2009. All wages and responsibilities where to remain the same. I was earning $20 per hour. Have worked since Nov 23 to Feb 28 with new company @ $20 per hour.
Starting March 1st 2010 they whan me to cut my pay by $7 dollars a hour. Getting only $13 hour for the same job with longer hours! Is this legal and what our my options?
Lorraine
4 Answers from Attorneys
It sounds like you are an "at will" employee. They can change the terms of your employment or even terminate you at any time for almost any reason. You can try to talk it over with your manager, but it sounds like you can either accept the pay cut or look for a new job.
I agree with the other attorney's answer. Without some type of writing specifying the terms of your employment, including pay, they can change the hourly rate or even terminate your job at will. Of course, they would have to pay your normal rate up to the day they informed you of the change. In this economy, it's a good idea to hold onto any job you can, while you explore other options. Best of luck.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Unless you have a contract guaranteeing you a particular rate or employment for a particular duration, or are under a collective bargaining agreement (union contract), your rate of pay, hours, and other working conditions can be changed by the employer. The employer cannot make retroactive reductions in your rate of pay, and cannot dismiss you for an improper reason such as discrimination or whistle-blowing.
Stay or leave, your choice. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, provided a 'safe' workplace to minimize risk of injury, and sometimes are provided 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, other than illegal discrimination under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. Their goal should be to keep the employer happy.
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