Legal Question in Employment Law in California

Can an employer lay someone off for 7 days without pay, when hired full time at 40 hours?

Asked on 11/26/12, 11:33 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Unless you have a formal agreement guarantying you permanent full time employment with no furloughs, yes.

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Answered on 11/26/12, 12:25 pm

Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. You can either comply, look for another job and then resign, or quit now and risk being denied unemployment. Not only are there no laws against poor management or 'unfair treatment', 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. 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 11/26/12, 1:13 pm

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