Legal Question in Employment Law in California
Employeer eliminating workspace
If an individual is employeed in CA by a large corporation based in TX but is the sole employee at a site (the space is rented out by the employeer for the employee's use) can the employeer, with 30 days notice, 1) eliminate the workspace 2) require that the employee work out of the employee's home or other space rented at the employee's expense 3)have employee pay for all associated costs of the relocation (equipment set up, insurance, etc.) Employee is a salaried individual and not a member of a union.
2 Answers from Attorneys
Re: Employeer eliminating workspace
An employer can cut costs, including eliminating office space. However, under California law, an employer must reimburse an employee for costs necessarily incurred on behalf of the employer.
Make sure every penny spent on behalf of the company can be documented. Submit an expense sheet and attach copies of receipts, invoices, etc. If the employer refuses to pay, file a claim with the California Labor Commissioner.
Re: Employeer eliminating workspace
An employer may change employment terms with reasonable notice. If the work you perform can be performed at your home without special accomodations, then requiring you to do so is not unlawful. If however, you must aquire equipment or make physical changes to your home, the employer must pay for such changes. An employer must also reimburse you in full for any costs associated with your performance. Thus if you must rent a facility to perform your work, the employer must pay the costs for set up and equipment as well as rent.
In any case you are probably an at will employee unless the employer has committed to a specific term of employment - that means you can be terminated at any time with notice from the employer.