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MDLaw
MDLaw, Attorney
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Experience:  Experience in business law, contract law and related matters.
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I dont even know if anyone can help me, but here goes. I work

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I don't even know if anyone can help me, but here goes. I work in an office with another lady who is on the same level with me, six wees ago she puts in her notice to quit with the company. We hire another lady to replace her. We train the lady and all is well. The one who moves comes back after 3 days of moving saying it was a mistake. The company re-hires her, and asks me to take a pay cut and a new job description. Do I have to take the new job that I really don't want, along with the pay cut? I would really prefer if they just do a "lay-off" or fire me. I would like to collect unemployment and find some company that wouldn't do this to me. I have been with the company 6 years, the lady who came back a little over a year, and the new lady a few weeks. I feel this is an irrepairable situation, they say if I don't accept the pay cut and demotion, I will have no gorunds for un-employment insurance in California. One boss told me today that the other boss, "prefers women" in my area.
Submitted: 5 years ago.
Category: Business Law
Expert:  MDLaw replied 5 years ago.
Unless you have an employment contract, you are considered to be an at-will employee in California. This means that they can change your salary, change your schedule, etc at their whim so long as they give you proper notice.

If you refuse the new job and the pay cut, that could mean that you will be found to be ineligible for unemployment benefits. However, if you can prove that you were being forced out or that you were the victim of gender discrimination, you could appeal your denial if you are in fact denied unemployment.

You could also retain local counsel - an employment attorney - if you firmly believe that you have evidence of gender discrimination and that attorney can negotiate on your behalf with the company. For example, if they think that you might true to sue them for gender discrimination, they might agree to accept your resignation and not contest your request for unemployment benefits from the State.
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5823
Experience: Experience in business law, contract law and related matters.
MDLaw and 2 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
As in all businesses, I have seen some stuff that is considered "questionable at best" but proving that matter is another story. I will gladly accept your answer and pay but what would be sufficient notice time be??? Are we talking days/weeks a month?
Expert:  MDLaw replied 5 years ago.
Notice for what, exactly?
Customer: replied 5 years ago.
Unless you have an employment contract, you are considered to be an at-will employee in California. This means that they can change your salary, change your schedule, etc at their whim so long as they give you proper notice. What would proper ntice be? Hours/Days/Weeks/Month????
Expert:  MDLaw replied 5 years ago.
There is no set time. It just can't be retroactive. In other words, they can't tell you tomorrow that as of last Monday, your salary changed from $20/hr to $10/hr. They would need to tell you tomorrow that as of Friday, for example, your salary was now $10/hr instead of $20.

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