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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27237
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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can an employer change posted sechudal @ any time with little

Customer Question

can an employer change posted sechudal @ any time with little or no notice to employee?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  JB-Umphrey replied 2 years ago.
Thank you for using JustAnswer!

Does the employee belong to a union?
Customer: replied 2 years ago.
not here in oregon yes calif no
Expert:  JB-Umphrey replied 2 years ago.
I do not understand your response.

Do the employees belong to a union? That's a yes or no question.
Customer: replied 2 years ago.
no
Expert:  JB-Umphrey replied 2 years ago.
Thank you.

Do the employees have a written employment agreement or contract with the employer?
Customer: replied 2 years ago.
i was not given one i trasfered to sacramento calif., started 6-27-11, from portland oregon. been with company since 3-8-04, company has changed hands & rules nurmerous times
Expert:  JB-Umphrey replied 2 years ago.
So are you asking about California law?
Customer: replied 2 years ago.

yes as to sechudal change

Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma. As your previous attorney opted out, I can assist you.

Absent a written contract to the contrary, such as you might have as a union employee on a union job, or in the event that you had a written employment contract, CA employment law does not prevent an employer from changing schedules at the last minute.

This means that you can be taken off schedule with no advanced notice, or put on schedule to work when you expected to have a day off, and the employer has no liability for doing this.

In California, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

I wish you the best in 2011.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug


Customer: replied 2 years ago.
havent read yet
Expert:  LawTalk replied 2 years ago.

I apologize for the pop up, if that is what happened. It is not my doing, and JustAnswer has been made aware of the problem.

Doug

Customer: replied 2 years ago.
well waiting to read ancewer to question
Expert:  LawTalk replied 2 years ago.
I did answer your question. The answer is above, in this thread.

Doug

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