Legal Question in Employment Law in California
I use to work for Company A owned by person A, but I now work for Company B where person B is a member of the board of directors. (Person B is a family member of Person A).
A week ago, person A emailed me asking if I could perform some work for them. I told them that I cannot because I am no longer employed there and can't take time off work. I also told them that if they really want me to help them, they would have to hire me as an independent contractor to work on weekends.
Today, my supervisor at Company B told me that she received orders from above that I am to report for work at Company A next week. Company B will continue to pay for my hours as an employee but that I should show up at Company A and render work.
The job at Company A and B are different. Is this even allowed? Can I refused to go? And if I refuse and get fired is that legal?
2 Answers from Attorneys
Refuse a job, you'll get terminated as a 'voluntary quit'. Simple. You'll also be denied unemployment benefits because you 'quit'.
In principle, there's nothing wrong with this sort of "subcontracting." You certainly would be doing nothing wrong simply by following your supervisor's directions. On the other hand, the refusal to go would indeed be grounds for termination.
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