Legal Question in Employment Law in California

i was working 32+ hours a week and my employer cut my hours to 6 per week to get me to quit so they wont have to pay unemployment. is this leagal?


Asked on 5/03/10, 7:16 pm

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. just not retroactively. 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, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. In your case, you could file for EDD and try to convince them you were 'forced' to quit by 'substantial' reduction in hours and pay. It's your only shot if you quit.

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Answered on 5/10/10, 9:54 am


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