I use to work as a admissions assistant (its been 1yr), but recently they hired a marketing director and she took me from my boss and now I am her marketing coordinator. Since this position change they docked me from working a weekly 35 hrs on avg. to 20 hrs weekly, never had me sign a document for the change in my position, and never provided any training...
Unfortunately, unless restricted by contract (usually through a union) or done for an unlawful reason, most employers can allocate its personnel any way it wants to, as it deems necessary for the operation of its business. Sometimes, these decisions make no sense and may seem arbitrary and unfair. But the employer has the right to exercise managerial discretion, subject only to the limitations mentioned above.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
Attorney Kirschbaum is correct. However I thought you may be interested to know that it is likely that you would qualify for partial unemployment due to your loss of hours.
This answer does not create an attorney client relationship. It is not legal advice and is intended for information purposes only. I encourage you to contact an experienced employment attorney who can review the facts related to this matter and then give you specific legal advice based on a review of all of the facts.
Yes. Attorney Kirschbaum is correct.
Unless you have an employment contract or are a member of a union with a collective bargaining agreement, you as the employee don't really have much rights. The employer gets to set the rules.
A reduction in the number of hours, however, would entitle you to receive partial unemployment benefits, as Attorney Stevens indicates.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
The harsh reality is employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.avvo.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Employment rights come from the state and federal legislatures. One of the best things working people can do to improve their employment rights is to vote for candidates who have a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in the union already in place.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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