Legal Question in Employment Law in California

My Supervisor at work recently told me that another one of his employees would be taking a leave of absence due to his other job. My supervisor asked me if I would like to cover and take over the weekend morning shift that would be open due to my co-worker leaving. I told him I would try it out to see if I could adjust working my regular hours plus the new schedule I would be taking over. After some thought, I recently told my supervisor that I dont want to commit to taking my co-workers shift. He text me back "I feel like I should fire you." Is there anything wrong with my supervisor saying that to me? Can I take any action against him?


Asked on 2/21/13, 12:33 pm

2 Answers from Attorneys

Robert Kubler The Kubler Law Firm

The boss is mad you're rescinding your acceptance of the shift? Anything wrong? Yeah, you're in breach.

CA law presumes you're at-will. You can be terminated, demoted, etc. at any time without warning and for no reason at all because it is at-will employment. What you have is a contract to work for pay, even if its not in writing. What you did here is accept his additional offer to work more and now you've tried to rescind and are in breach. You ought to "try it out" as you said, and presumably collect any overtime if you can, before you get terminated and they can hire someone else.

Note people often think if they just show up on time and work they cannot be fired for some trivial reason. Well life can be unfair.

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Answered on 2/21/13, 1:45 pm
Charles Perry Law Offices of Charles R. Perry

Your supervisor did not do anything against the law, and he did not do anything for which you can take any action against him. If you and your employer cannot agree upon your work schedule, then your employer has the right to terminate your employment and find someone that suits his needs -- just like you have the right to quit after finding another job elsewhere.

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Answered on 2/22/13, 12:13 am


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