Legal Question in Employment Law in California

I work for a small company in California (40 employees). Ive been a "contractor" for 6 months now but have been asked to perform duties outside of my contractual obligations. I've been told this could lead to full time employment but it has never resulted into anything. I informed my head of HR recently that I am no longer performing the actions not required in my contract. This prompted the offering of an hourly employee contract.

I do not want to change the status of my work and enjoy the flexibility that I am supposed to receive with being a contractor. Ive been told if I decline the offer they will exercise the two week notice to terminate my current contractor status. Can I be forced into signing a new contract/have my current contract terminated if the only reason I am being offered a new contract is the illegal manipulation of the first one?


Asked on 10/03/12, 12:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If your contract is still in force, you can 'stick to it', and risk company displeasure with you.

Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice.

Generally, the employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 10/03/12, 12:32 pm


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