Legal Question in Employment Law in California

I am a company floater (I fill in for people who are on vacation or sick etc.) and in the past year my employer had me work 6 months in the executive offices for positions that were far beyond my title. I am an Admin. Assistant and the positions I was filling in for was for Senior Executive Admin. Assistants. I told them I did not want to take this position because I am not qaulified and it is far too much pressure. Also I spent half a year filling in for people who make a much larger salary than I do. Are there any laws to protect an employee in a situation like this? I feel I was taken advantage of. I am concerned they will pressure me into working in that dept. again. When I first took my job (about 6 years ago) I told them the one place I didn't want to work was the Executive office.


Asked on 3/14/10, 4:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

No. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. You could have tried to negotiate something, but have no grounds to 'demand' anything. 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 or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 3/19/10, 5:19 pm


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