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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Good Morning, I have a situation that I need some help with. In

This answer was rated:

Good Morning,
I have a situation that I need some help with.
In July of 2012 I was promoted from a Site manager to a V.P. position. At that time a Job Description did not exist. In December of 2012 I was put on a 90 Day Plan fro not doing my job. A Job Description still does not exist. In This past July I was demoted to a Line Manager with a 8.4% reduction in pay. A Job Description still does not exist. Now I have this new job without any Job Description and am being told "it's coming". What are my rights in relation to this?

Thank You,
Hugh
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

Can you be a bit more specific about 'your rights in relation to this'?

Are you asking if you have a right to a job description?

Also, can you tell me if you're an at-will employee or do you have an employment contract with your employer?
Customer: replied 3 years ago.

Good morning,

I am an "At Will" employee.

Do I have a right to a Job Description?

If I get put on a Plan because I wasn't doing what I should have been doing, shouldn't I have no one?

Does "At Will" mean there are no employee rights?

 

Thanks

Hugh

Customer: replied 3 years ago.
Relist: Incomplete answer.
I haven't heard back after he asked a question and I answered. It has been almost two hours and I paid for a quick answer?
Customer: replied 3 years ago.
Relist: Incomplete answer.
I haven't heard back after he asked a question and I answered. It has been almost two hours and I paid for a quick answer?
Customer: replied 3 years ago.
Relist: Incomplete answer.
I haven't heard back after he asked a question and I answered. It has been almost two hours and I paid for a quick answer?

Hello Hugh,

 

Apologies for the delay, my internet has been out until now and I just got back online.

 

Unfortunately, as an at-will employee, you do not have any right to a job description. Although it is incredibly unfair and unethical for your employer to put you on an improvement plan, when it is impossible for you to ascertain what you were actually doing wrong (without a job description) it is unfortunately legal.

 

This stems from 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."

 

I realize that the above information is not what you wanted to hear, and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

 

Please let me know if you have any follow up or clarifying questions.

 

Thanks and best of luck!

Joseph and other California Employment Law Specialists are ready to help you