Legal Question in Employment Law in California

nonprofit merger

I have worked for a non-profit for 6

years and implemented my

treatment program (I wrote it and

have used it before working for this

company) into their company. Now

there is a merger in the process.

They plan on keeping the same

name of the company, they are

issuing 90 day contracts, then

deciding who to keep and at what

pay. What should we do if they offer

us less pay, if we refuse are we out

of luck with unemployment benefits?

and more importantly can they

legally keep my program, or can I

copyright it?


Asked on 2/02/07, 11:51 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: nonprofit merger

Merger or not, employers have the right to change the terms and conditions of employment, upon notice. If they want to change plans and policies, they can do so.

It sounds as though you all will be treated as new employees, going through an evaluation period. If you are offered permanent employment and reject it, you run the risk of being denied unemployment benefits because EDD will probably say it is better to have a lower paying job than no job at all.

If the pay has been reduced to such a substantial degree and, perhaps, your job duties are substantially lower than what your were doing, you may be able to convince EDD you quit for good cause. But it might be better to continue working and look for a better job on your off time.

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Answered on 2/08/07, 12:04 pm


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