Legal Question in Employment Law in California
My girlfriend is a nurse at a surgery center. She has been working for the clinic for four years and now the doctors that own the clinic are changing the management company that runs it. The human resource department will stay the same, except all the logistics that involve billing patients and ordering supplies will now be the responsibility of the staff. The old job description that my girlfriend initially signed said that she will be responsible for taking care of patients in pre-op, operating room, and post-op, and no administrative duties were required. The new management company said they will be adding additional administrative duties with no extra pay or benefits. Is this legal? Does she have any options? Thank you.
1 Answer from Attorneys
In the absence of a union collective bargaining agreement, or a long-term written employment contract (think professional athletes) or or the equivalent, employees in California are employed "at will."
The functions and jobs of "at will" employees can be changed and terminated by the employer "at will" -- and at any time and for any reason or for no reason at all -- so long as the employer is not acting in an unlawfully discriminatory manner (such as basing the change in functions or termination on issues of gender, race, religion, national origin, age, veterans status, etc.). Similarly, absent an agreement to the contrary, every employee in California is free to change jobs or quit -- and is not indentured or obligated to work for the employee.
While there are sometimes exceptions to the employer's right to act unilaterally, and while most employers recognize that acting arbitrarily usually has negative consequences in terms of morale, loyalty and long-term productivity, your friend has very little choice but to be responsive to her new circumstances, change with the times or seek a new job elsewhere.