Legal Question in Employment Law in California
I work at a papa john's franchise and we got a new owner about six months ago.
Everyone at work feels that he is starting to take advantage of all of us.
He (the owner) told our general manager that he didn't want family members to work together anymore after the 6 months he's been there and said nothing. He told our general manager that she either has to fire her mom or be demoted and move to another store. This is not based off either of their performances at work.
So I just want to know is there anything we can do and if so how would we go about it?
2 Answers from Attorneys
Since the owner can fire either or both of you without any cause at all, as long as it is not racial discrimination or something like that, he can certainly do what he is doing.
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 minimum wage laws, and 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. 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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