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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12806
Experience:  Significant experience in all areas of employment law.
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is it legal to have me transfered as a supervisor to another

Resolved Question:

is it legal to have me transfered as a supervisor to another office to replace a assistant manager without a raise? the assistant manager that i am replacing was also transfered and she did (i beleive) receive a raise. I'm doing the same work as a assistant manager but still getting the pay of a supervisor. She was a assistant manager and transfered to the same position and received a raise.
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.

Unfortunately, employers are typically free to adjust the wages or duties of employees, deny raises, and transfer employees as they see fit.

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 notable exception to this general rule is if the denial of a raise or any adverse employment action was motivated by the employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. This would constitute discrimination and would be illegal. (See Govt. Code 12921.)

Otherwise, the conduct that you describe, while quite unfair, is generally not illegal.

Although this may not be what you were hoping to hear, I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
Customer: replied 5 years ago.
How can it be legal to have people doing the same job description and one being paid more than the other in the same company. So what your saying is If I was doing the job duties of a CEO but was hired as a Sr. Manager it would be fine just because we work for a "right to work" company? If thats the case why don't companies just hire all employees with the same pay regardless of the title? Who would take on such responsibilities without compensation?
Expert:  Patrick, Esq. replied 5 years ago.
Hello again. I sense your frustration with what I've told you and I honestly don't blame you. I wish I could tell you the law was more favorable to your position.

Yes, you are correct that a CEO would be entitled to no greater compensation than a senior manager and that, in theory, an employer could pay all employees the same rate.

The reason why that does not typically occur is because employees are free to leave their employment if they feel that they are not receiving adequate compensation. Employers know this and that's why they typically pay employees with more responsibility (which presumably requires greater talent and qualification) higher wages.

So, while an employer is free to pay all employees the same rate despite their difference in job duties,this typically does not happen because employees are free to leave and often will if they do not believe they are receiving adequate compensation.

Again, my number one goal is that you are satisfied with my answer. If you are, I would greatly appreciate your "accept." If you still require further clarification, I am happy to continue assisting you.
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