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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4979
Experience:  Extensive experience representing employees and management
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My roommate works for a small property management company.

Resolved Question:

My roommate works for a small property management company. They get all holidays off and paid. Today, her boss announced that she has chosen to close the day after Thanksgiving as well as the paid Thanksgiving holiday...but says Friday will not be a paid day and that she can't use any of her PTO toward it - it's just an unpaid day. Is that legal? To take away a 40 hr/wk employee's hours w/o pay?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me the following:

1) Is your roommate an hourly or salaried employee?

and

2) Does your roommate have an employment contract with this company or is she an at-will employee?
Customer: replied 9 months ago.

She is an hourly employee, 40 hrs/wk


 


She can't remember signing a contract when she started working for them last Dec. She is an at will employee.

Expert:  Joseph replied 9 months ago.
Hello Katie,

I'm afraid that unfortunately, as an at-will employee, her employer can change her hours and terms and conditions of payment at any time for any reason with or without any prior notice.

This includes eliminating pay for holidays and not allowing employees to use PTO (which an employer can do when a business is closed).

While it is unethical and inhumane to take these hours away, especially around a holiday, I'm afraid that at-will employment allows her employer to do so.

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 hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct 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 as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph
Customer: replied 9 months ago.

Thank you for your answer - I thought that might be case, although, I agree that it is quite unethical.

Expert:  Joseph replied 9 months ago.
Thank you, Katie. Happy to help and best of luck to you and your roommate!
Joseph, Lawyer
Satisfied Customers: 4979
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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