Legal Question in Employment Law in California

I was hired for a job in the desert (in CA), and I moved from Florida to take it. After one summer, I was diagnosed with severe allergies, acid reflux (from stress) and a heart arrythmia (triggered by the extreme heat). Also after a year, my job was changed. They added 20% more work, but did not change my pay. The additional 20% of work is performed outside the desert, in a more temperate climate. When I am there, my health issues do not bother me nearly as much. I would like to move there full-time and visit the desert occasionally. I can do most of my job remotely, so my work won't suffer there. If I move away, can they fire me for no call/no show, even if I'm doing my job? If they can fire me, can I collect unemployment? As I've been unable to find another job in the current economy, It is now my third summer here. My health is at stake and I can't stay much longer.


Asked on 8/20/10, 9:05 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you quit your job by not showing up as required, yes you would be fired, and, no, you wouldn't be entitled to unemployment. If you want a change of duties, try to negotiate them.

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. 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 specific statutes. The employee's goal should be to keep the employer happy.

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Answered on 8/26/10, 9:51 am


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