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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Customer Question

Hello , I have been employed with a childcare company for approximately 7 years. In may of 2012 the city was forcing them to close 2 classes that would have displaced 4 teachers. My positoin was not threatened in any way. They met with the staff to nform them of the news and offered positions at a new sight that they were establishing within 3-5 miles. I had applied because i was approached by supervisor about being a perfect person do to my social participation in the community. I lived no more than .50 miles from the new location. They felt that I could build partnership with the church community and the outside community. I recalled my descision because there was several people saying that the company was trying to get rid of me because of my coplaints on the site supervisor and the program director. after dismissing myself form the interview with an explaination , I was approached by the program director to discuss why. I wxplained to her about the rumors that was crculating throughout the center by several different parties. she was very fustrated not about the rumor but about my disicion to not except. I changed my mind and decided to seekk the position because of the things that had transpired prior. the transition begin in late july to tranfer my position to the other site that I had undrstood was established it was not. there was no liscenced permit for this center at all. There was no work for me any where . I continued to show up at the last center with them saying that there wa sno work and we were over staffed. I worked like this for approximately 2 months. I had informed my program director to please find me work that will included 80 hours. It was 37 miles away from home . I have no reliable transportaion but I made it the best way possible. I have sacrificed my feeeling through it all i have been depressed about the situation since it began. now after 3 1/2 months they tell me that I have to seek employement throughout the company that is miles away and I have no transpertation. Because of the center not being able to operate. what can I do?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you have an employment contract with your employer, are you unionized, or are you an 'at-will' employee?
Customer: replied 3 years ago.

I am an at-will employee.

Expert:  Joseph replied 3 years ago.
Hello Tina,

Unfortunately, as an at-will employee your rights are extremely limited, since your employer can change the terms and conditions of your employment at any time for any reason with or without any prior notice.

This is due to the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

This is the case, even if the only opportunity that you have is 37 miles from your home and you don't have an easy way of getting to and from work.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

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