Legal Question in Employment Law in California

My Employer has given myself and my fellow office employee a note stating that our full time positions have been terminated and as of June 30 if we would like to re apply for our positions they will be offered with 25hrs a week no benefits accompanied by volunteers who will do the remaining hours. Is this legal? It will be the same job offered just now they are taking away our retirement and vacation and sick leave everything else will stay the same, the duties etc. I have a contract with this employee stating I am offered a full time position with benefits.


Asked on 5/21/12, 11:34 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. That includes reduction to part time status without benefits. Not only are there no laws against poor management or 'unfair treatment', 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. You are free to look for other work and quit, but at the risk of possibly being denied unemployment benefits. Contact EDD to question them whether this is a substantial enough reduction in hours/pay to justify 'quit'.

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Answered on 5/21/12, 1:29 pm


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