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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was a restaurant manager and I asked to be transfered to

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I was a restaurant manager and I asked to be transfered to Fresno Ca. When the transfer was made they said they didnt have a restaurant for me so they made me step down to an assistant manager. Can they cut my pay? What are the laws on this matter?

Good afternoon Joshua,

I'm Doug, and I'm very sorry to hear of your situation.

Unless you have a written contract of employment with your employer, which guarantees your position with the company for a set period of time and at a given wage, then you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical workplace politics and drama which can be so troublesome.

In Illinois, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated, or have significant changes made in their work conditions, for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

Placing you into an assistant manager position when a manager's position was not available was entirely lawful. And the fact that you are offered less as a salary, or offered less for your wages, is also lawful under both California employment laws and the federal employment laws and acts.

I wish you the best in 2013

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided.
Please understand that I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,


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