Legal Question in Employment Law in California

is it legal for an employer to tell an employee that if they call in sick they must find their own replacement?


Asked on 10/04/10, 2:31 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. There are no rules 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.

Read more
Answered on 10/11/10, 10:47 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California