Legal Question in Employment Law in California
I am currently employed at a restaurant and was put "on-call" until the business picked up. They specifically asked me if I wanted to stay on with them until they needed me and I said yes. I went in to pick up a check for a shift I covered and saw that they hired someone new for my position. Do I have a case?
2 Answers from Attorneys
No. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the minimum wage laws, and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to 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, 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.
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