Legal Question in Employment Law in California

our primary care practice has been purched by a local hospt in july 09, we were told we could not get raises for a year, they are now refusing our raises and have not put us on their pay scale, the people at the hospital make quite a bit more than we do, is this legal that that can pay us less then their pay scale or is this discriminating, they continually treat us badly


Asked on 8/17/10, 6:51 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Legal? Of course. Review your written contracts and agreements to determine what 'rights' if any you have regarding compensation, and whether they have breached any of the contract terms regarding compensation.

In general, the employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Promises of possible promotion or raises are merely incentives to get employees to work hard, not enforceable contracts. 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.

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Answered on 8/23/10, 9:59 am


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