Legal Question in Employment Law in California

My employer just recently cut my hours because they feel that a senior employee should have them. There are no contracts or agreements as to who gets what hours. There are no labor law postings in the office and there are no true full time employees either all are part time. When I questioned theses actions I was basically told, so. This is what was said when I questioned, "This is an issue of priority. Denise has been with me 4 years and each summer her schedule changes. Imagine you being here 4 years and all of a sudden what your used to in the summer is changed for someone new. Your priority is school, her's is survival. This is a part time job at this point. I don't want to pay 10 hours a day of office time when 7 or 8 is sufficient. I feel you do a great job but I am not your first priority. I can help with part time fill in hours but that is all that position can let me pay. I have had no problems with all of the time off you have taken because I look at this as what it is, a flexible part time job to work around your schedule and give you a little extra money. This is not your career. It has some give and take. In the short time you have worked here you have gotten more days off then Denise or myself and that is fine with me, but it does show where this job stands in your priority list. I know you need money now for your car but I don't have the extra hours to give right now. The need for extra money is something most everybody has felt at different points of there life. It is a learning experience in the importance of saving money for rainy days. You are welcome to any extra hours I can find." Do I have any recourse or any action that I can take?


Asked on 5/26/10, 4:02 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. 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 [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Read more
Answered on 5/27/10, 10:14 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California