Legal Question in Employment Law in California

Can a boss tell an employee to take leave without pay for an honest job error? Is this retaliation?

can a boss force a leave without pay for a random reason such as "allowing the boss time to make a decision on how much salary to pay an employee?"

Can a boss force an employee to take LWOP for any reason he chooses?


Asked on 10/02/09, 1:12 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Generally, employers may impose leaves on employees, just as they can hire and fire at their will. However, they cannot take adverse actions against employees for unlawful reasons. It is the motive for why your employer is making you take the leave that must be addressed. It must be something more than being unfair. It must be motivated by a reason the law prohibits. Your question does not address any unlawful reason.

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Answered on 10/02/09, 1:01 pm


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