Legal Question in Employment Law in California

At my hiring, it was never revealed I would be required to work six-days a week. In fact, the first Saturday I did work was my boss mentioning we were busy and asking if I would like to come in and help, very voluntarily. After this one time, it became mandatory to work Saturdays. If I were aware I would be working six days, I never would have accepted the job. I still will not work six-days a week so we obviously are heading for a show down. No, I have not been with this company long, under ninety days. I view this situation as constructive dismissal.


Asked on 7/17/10, 9:22 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, policies, rules, etc. just not retroactively. That includes requiring you to work OT, as long as you are paid for 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. The employee's goal should be to keep the employer happy.

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Answered on 7/19/10, 10:08 am


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