Legal Question in Employment Law in California

Can my employer lower my salary and take away bennifets. when i asked to see my contract they said they did not have it on file. Can they destroy my contract?


Asked on 2/21/10, 9:11 pm

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, etc. Employees have the 'right' to minimum pay and employee benefits per the law, and/or company policy as agreed, provided a 'safe' workplace to minimize risk of injury, and sometimes are provided certain medical/pregnancy leave rights. That's about it. In general, unless you are civil service, in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you. If you actually have a written employment contract, then you are entitled to the benefit of those terms. Most people don't unless they are upper management.

With all that, if you contend you have enforceable rights to unpaid compensation, and the amount due is sufficient to justify hiring counsel, feel free to contact me. You could bring a claim at the Labor Commissioner, and you have the right to hire counsel to represent you there.

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Answered on 2/27/10, 3:36 pm


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