Legal Question in Employment Law in California

Can an employer make a person perform duties above their official title and if is so, how long without any compensation? Example: An Assistant Manager performing Manager duties.


Asked on 2/17/12, 5:55 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Yes.

You need to understand that 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 per the state minimum wage and hour laws and any formal company policy that may be in place. That's about it. Not only are there no laws against poor management, 'unfair treatment', or rude and obnoxious behavior, 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 fired any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 2/18/12, 12:39 pm

Yes. Indefinitely.

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Answered on 2/18/12, 2:23 pm


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