Legal Question in Employment Law in California

I was told that my hours were being cut because they were hiring someone else to do my job. Then the employer told that if I wanted, she would lay me off and I would get unemployment benefits. I accepted it because I needed the money. Now, the person hired to help me, has taken over my exact position full time. Is this legal to push me out and rehire someone in the same position with the same job title?


Asked on 7/10/10, 12:49 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Legal? Yes. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. 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 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 7/11/10, 5:28 pm


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