Legal Question in Employment Law in California

I have worked for this company for 5 years this Oct. I was transferred to a local office from corporate 6 months after being hired. I left corporate office as a manager but have been labeled by this office's general manager as a supervisor due to this office's budget. My question is: I am held accountable just as the other manager is. I have the same set of keys to this office as the other manager. I alternate working Saturday's with the other manager and gen manager. I am paid bi-weekly / salaried, just like the other managers. Can the company keep employing/paying me as a "supervisor" yet keep from paying me appropriatly?

FS


Asked on 3/25/10, 7:25 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are provided 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, other than illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

Now, if you are properly classed as salaried mgmt type as it seems, you get to do whatever the employer says. If you instead contend you are really hourly and are incorrectly paid, then you can file a claim with the Labor Commissioner. Sounds like your complaint is they downgraded your and offended you?

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Answered on 3/30/10, 11:45 am


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