Legal Question in Employment Law in California

Can my employer deny me a policy benefit due to my specific position? I am employed at a company that allows employees to do "make up" time in lieu of using their accrued sick or vacation time. My director informed me that due to my position as a receptionist, the policy does not apply to me except under specific circumstances.


Asked on 7/07/10, 7:02 pm

2 Answers from Attorneys

Yes, that is completely legal. Different terms of employment for different job positions in the same company are extremely common, based on the needs of the employer.

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Answered on 7/08/10, 8:18 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law 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� or explanation, 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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Answered on 7/08/10, 11:46 am


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