Legal Question in Employment Law in California

Can I be demoted for no reason, hours cut down to part time and have benefits taken away?


Asked on 10/03/12, 10:43 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, policies, rules, etc. just not retroactively. Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

That is, UNLESS the conduct or discipline is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 10/03/12, 1:23 pm


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