Legal Question in Employment Law in California

Yes, I have a co-worker that is leaving. Our boss is telling myself and a co-worker tthat we have to work her shift. We both work different ones. Myself, I have a family and my co-workers husband just went off to war. Our problem is that they are saying we will lose our job if we don't. Can you let us know what our right are. Thanks you, Lee H


Asked on 4/15/10, 10:06 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 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 4/20/10, 11:50 am


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