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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12336
Experience:  Significant experience in all areas of employment law.
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I have a full time California employee that I cant afford

Customer Question

I have a full time California employee that I can't afford a raise; so he wants to take time off to watch his son 1 or 2 days a week- non paid. I pay a portion of health care, full dental and vacation time. Can I reduce the by like % the cost of health care, vacation, dental by the amount of time he takes off? as he would no longer be full time.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Absent an employment contract specifically entitling an employee to a particular wage, a private sector employer typically retains the freedom to reduce employee salaries at any time, provided he or she remains in compliance with the laws governing minimum wage and overtime.

This tremendous freedom stems from Labor Code section 2922, which provides that employment in the state of California is "at will" absent an agreement to the contrary. Courts have interpreted this to mean that, since an employer retains discretion to terminate employees for no reason, he or she also retains the authority to dictate the terms of employment and change them at any time.

The only requirement is that an employer provide notice (written is always better) to the employee of the change in pay some time before the change takes effect.

I sincerely hope that this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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