Legal Question in Employment Law in California

Hi can you please tell me if in the state of california is it legal to remove an employee from a salaried position to a hourly position after they have been in employment with you for 13yrs and reduce your rate of pay by $600 per month and be the only employee that had to take such a cut

please help


Asked on 11/20/10, 12:20 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Unless you work for a public entity or have an actual contract of employment, you are an at will employee and the employer can largely do whatever they want to.

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Answered on 11/25/10, 11:20 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. Employees have the 'right' to pay and employee benefits per the CA wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. 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�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 11/26/10, 10:31 am


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