Legal Question in Business Law in California

Hello,

I was at a company for 3.5 years as a full time salaries employee. I accepted a new position on a 1 year contract and moved about 400 miles.

Three weeks into my new job, after leaving my full time position and paying for all relocating expenses myself, I was told along with several other people and the 2nd production shift was being eliminated and I would have to work earlier (start at 8am opposed to 1pm, not preferable for myself). In addition I was told that I would be given a 10% pay cut. Supposedly I was receiving 10% more for working 2nd shift, but that was never stipulated in my contract. I am employeed by a contract agency who is paid by the company making the changes.

I left a full time position and relocated, only to have them reduce my salary 3 weeks into the new job. Is this legal? In a sense I feel like I was tricked into taking the job, only to have the contractual agreement changed on me when I showed up and after quitting my other job.

I was told that the hiring manager did not know the higher-ups planned to make these changes.

If they had decided to reduce my salary by 99% it would have been the equivalent to them putting me out of my old job and making me pay for relocation.

I negotiated only a 5% reduce but was force to take it as I needed a job and the contracting company was told that was all they could do. Thank you for any help!


Asked on 2/25/14, 7:48 pm

2 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

I assume you are an at-will employee in California. Under this assumption, then yes, your employment is "legal," in the sense that no laws were broken, and your employment contract was not breached.

The only possible claim rests on a theory called promissory estoppel. Essentially, it means you incurred a loss because you relied on a promise that was not kept.

Proof depends on specific facts, and attorneys fees are generally not recoverable for this type of claim. I nevertheless suggest you meet with counsel to see if the claim is viable, and to explore the "political" difficulties of bringing the claim while trying to keep your current position.

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Answered on 2/26/14, 12:26 am
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Perry. Most employment relationships are "at will," but they are not at will if you have a contract. You specifically mention a contract, and I suggest you have an attorney review the contract during a consultation and see what your rights and remedies are.

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Answered on 2/26/14, 8:03 am


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