Legal Question in Employment Law in California

I am a full time retail sales person paid houry and working for a large retail chain headquarted out of state but with stores in many states. Ihave been working for the same employer for over five years. Recently management threatened that they were going to lowermy hourly wage as I was not meeting my "targeted sales goal". If I do not agree to this reduction can they terminate me with cause? Would I qualify for unemployment benefits? Aside from poor business conditions the biggest reason for not meeting my goals is that they set these arbitrary goals early in 2010 and have since increased the selling staff in my department by 40% which has resulted in every one not being able to meet their goals.

Thank you


Asked on 12/22/10, 9:26 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, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the state wage and hour laws, and formal 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. There are no laws against 'unfair treatment' or poor management. 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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 12/28/10, 9:54 am


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