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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My employer presented me with a new position opportunity (which

Customer Question

My employer presented me with a new position opportunity (which I had initiated originally) approximately a month ago that contains changes to my work hours and conditions. The changes will have an adverse impact to me financially because it will require that I find additional child care arrangements that I am not currently paying for. The new position is considered to be 'lateral' therefore without a salary increase. I responded within a timely period to the offer indicating the adverse impact, which would essentially be a cut in pay because of the increased personal cost to report to work under different work hours. My employer presented me today with a response to my previous response, indicating that the job as offered stands and I was given until 8:30 am tomorrow to either accept the new position, or be terminated. My current position is not being eliminated under either condition - whether or not I take the new position - and my understanding is that if I do not accept the new position that it will be recruited.
My question is - do I have any rights regarding the one day notice to accept/deny the offer, or to deny the new offer and keep my current position? My performance reviews are all satisfactory or above.
Thank you for any information you can provide.
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, no you don't have any rights regarding the one day notice to accept or deny the new offer and to keep your current position.

As an at-will employee, your employer can change the circumstances of your employment (negatively or adversely) or terminate your employment if you choose not to accept the new position.

This is due to 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."

However, if you chose not to accept the offer for the different position, and are terminated, you would be eligible to receive unemployment
benefits, since you would be considered to have been terminated 'through no fault of your own' rather than for good cause.

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