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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5047
Experience:  Extensive experience representing employees and management
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I am an apartment manager and I was verbally asked to take

Resolved Question:

I am an apartment manager and I was verbally asked to take on an additional property 16 miles away in addition to my current one. I verbally accepted but 60 days later realized that the program is not working and requested to go back to only managing 1 property. I was sent an email from my boss that HR and my upper mgmt want to have a meeting next week to discuss. I heard that they would be bringing an offer letter (there was never one presented) and if I refused to accept and sign then I would loose my job. I am 4 months pregnant the stress of both the commute and the additional operations required of me taking this on is too much. Im worried because housing is included with my package so I need to know what can be done.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 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.

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

Can you please provide a more specific inquiry than what can be done.

For instance, are you asking if you could receive unemployment benefits, job protected leave for pregnancy 'disability,' etc.?

Thanks in advance for the additional information.
Customer: replied 10 months ago.

Can I be fired if they present a formal offer letter in hopes to merge the two communities and I do not accept?

Expert:  Joseph replied 10 months ago.
Hello Brandie,

Unfortunately, as an at-will employee, you can be fired (terminated) at any time for any reason with or without any prior notice.

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."


That said, if they were to terminate you for failing to accept this overload of responsibilities, you would be entitled to unemployment benefits through being terminated through no fault of your own.

Additionally, you would very possibly have a claim against them under the Fair Employment and Housing Act for discrimination on the basis of 'disability' (pregnancy). Pregnancy, like other disabilities, must be accommodated by an employer (through reasonable means that do not create an undue burden).

If you are unable to take on this overload due to your pregnancy, it would definitely be reasonable for your employer to not force you do so. If they do and you do not accept, resulting in your termination, it is at least worthwhile to look into filing a complaint for discrimination with the Department of Fair Employment and Housing.

You can do so using this link available online here:

http://esq5.houdiniesq.com/dfeh2/esq/reg/


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up 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 for my work unless you rate my answer 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 as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5047
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 10 months ago.
Hello Brandie,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

If not, PLEASE remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Expert:  Joseph replied 10 months ago.
Hello Brandie,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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