Legal Question in Employment Law in California
I work in an establishment that tends to employ people and their family members. I've been there for about 5 years. I was not in a relationship when i was hired, and there was no policy. Now that i am ina relationship with a co-woker they are tampering with my schedule saying its a new policy, is this wrong??
2 Answers from Attorneys
What is the new policy? Please give us details. If you work around dangerous equipment and they do not want people talking so as to decrease the risk of injury from inattention caused by speaking with a person you have a relationship with, that certainly would be a good reason to keep you apart. You need to supply us with more information.
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 CA 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 rules 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. If you could show the policy or its enforcement is somehow a violation of the sexual harassment rules, you might have a claim, but it sounds like your claim is really just 'unfair' treatment.
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