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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118777
Experience:  20+ Years of Employment Law Experience
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San Diego CA, my current employer of 11 years has sold his

Customer Question

San Diego CA, my current employer of 11 years has sold his practice effective the 30th of this month. The new owner has issued a hand book outlining the terms of employment [at will ] which are are unacceptable, including a 48 hour a month reduction in my hours. If I respectfully ***** ***** offer will this be viewed as quitting or resigning when I apply for unemployment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, employment in CA is at will and the employer is entitled to change terms of employment. When a new employer takes over and offers continued employment, you cannot refuse such employment unless you can prove a significant change in pay AND that your new pay would be less than paid by unemployment. So, just reducing your pay by 48 hours per month is not necessarily enough on its own, you have to prove that you would be making less than unemployment which makes the new offer unacceptable in order to be eligible for unemployment. If you cannot do so, you need to accept the terms and start looking for a new job, because if you refuse it would be deemed a voluntary quitting without sufficient good cause.