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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Im wondering what California statute is in regarding unfair

Customer Question

I'm wondering what California statute is in regarding unfair employee promotional/advancement practices. My firm is forcing my assistant and I to reapply for jobs we already perform while no one else in the company must go through this process. What are the laws covering unfair internal practices?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Unfortunately, as an at-will employee, your employer can require you and your assistant to reapply for the jobs that you already perform, unless they are doing so due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or sex).

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, which 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."Since an employer can terminate an employee with or without prior notice, the employer can also require an employee to reapply for his or her job.

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