Legal Question in Employment Law in California

I was recently (one-month ago) hired by a government contractor in California for one position and was just asked to accept another without the person making the offer being able to tell me the compensation. The day following the offer, I was told, I'm not sure how it was worded, that I was re-assigned to the position and he still does not know what the pay will be. They tried to get me to sign, saying I would accept the postion this morning, still without telling me the compensation. I'm not saying they are refusing to tell me the compensation, I actually don't think they know. I was told I could fight it. I don't consider that a wise decision because I don't want to be blamed as not being a "team player." It is legal for them to change my job/compensation for which I was not hired without my agreeing to the terms? By the way, they have hired others recently to do the same position I was hired to do, so the position has not been eliminated.

- Thank you for your time


Asked on 2/03/11, 9:40 am

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. Employees have the 'right' to pay and employee benefits per the state wage and hour laws, and formal 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. There are no laws 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.

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Answered on 2/08/11, 5:21 pm


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