Legal Question in Employment Law in California

Is it legal for a restaurant to promote a family member over an employee who has worked there longer?


Asked on 6/02/10, 2:57 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Assuming that it is no a union shop, the employer is free to do whatever they want. Absent a contract prohibiting certain action, the employer owns the business and can run it as they want as long as no laws are directly violated. If your family member owned the business, would you feel that you could not take it over until you became the senior employee?

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Answered on 6/02/10, 6:40 pm
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law and 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. 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, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [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 6/03/10, 3:37 pm


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