Legal Question in Employment Law in California

Can an employer suddenly require existing employees to pass a skills-certification test (not otherwise required by law nor licensing) to remain employed?


Asked on 5/27/10, 5:59 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, etc. 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. That would include testing when asked.

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Answered on 5/27/10, 10:07 am


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