Legal Question in Employment Law in California
I am currently a part time employee (I was full time for 10 years same firm) and they want me to return to full time with a $10 an hour reduction in pay. Is this legal? I am under no disciplinary action. This is the last step in an 18 month campaign to oust me from my current position l suffered a humiliating demotion less that six months ago.
2 Answers from Attorneys
It depends on the reason. Generally, employers have the legal right to exercise discretion on how to allocate and evaluate its personnel needs. The only limitation is if their action is motivated by unlawful reasons (typical example may be illegal discrimination) or if there were a contract being violated. If you believe either situation applies to you, consult with an experienced employment law attorney in your area.
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, and 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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