Legal Question in Employment Law in California

After 7 years can my employer change my working hours and take away medical insurance , For not wanting to change my shedule.all this happend after coming back from having surgery this year.


Asked on 8/15/10, 3:57 pm

2 Answers from Attorneys

James Bame San Diego Law Office

It may be a violation of the Americans with Disabilities Act. Contact me directly.

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Answered on 8/20/10, 4:05 pm
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, and not in 'retaliation' or singling you out for different treatment. 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. If you can show you were the only one affected by rules changes, demotion or duties altered, then you may have grounds for suit. That seems to be your claim. If so, feel free to contact me.

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Answered on 8/20/10, 4:56 pm


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