Legal Question in Employment Law in California

Can an employee be demoted and hourly wage reduced without being fired and then re-hired?

Can management discuss with other employees of a lower level a manager's position?


Asked on 2/03/11, 11:56 am

2 Answers 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. Employees have the 'right' to pay and employee benefits per the state wage and hour laws, and formal 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. There are no laws against 'unfair treatment' or poor management. 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.

Read more
Answered on 2/08/11, 5:23 pm

Mr. Nelson is entirely correct. As long as every employee is paid minimum wage, and wages are not reduced for work already done, it is legal.

Read more
Answered on 2/08/11, 6:26 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California