Employment Law

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I just recently been changed from salary to clocking in and…

Customer Question
I just recently been...

I just recently been changed from salary to clocking in and out and i do not want to do that. what are my rights as i do not think that the change is justified. I want to refuse it. will i get fired?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, i think its also at will. i was hired at salary.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, they all of sudden made the change because they said that i have excessive tardiness and it is not true. i told them to give me dates and they didn't. but they still wanted me to signed the "verbal" write up. i didn't sign anything and was appalled. I feel this is degrading and there are other things as well, like I haven't worked my position since i started here either. I was suppose to help out the legal dept but i have been placed here ever since i started. i am not attorney nor a paralegal to be reviewing agreements etc... I tell them that continuously as well. I do not want to held liable for anything here.

Submitted: 8 months ago.Category: Employment Law
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Answered in 7 minutes by:
9/7/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,056
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

While I certainly appreciate your frustration, I must unfortunately tell you that unless you had an agreement in which salaried employment was guaranteed for a particular duration, your employer is free to change the terms of employment at any time. You are free to refuse any new terms which are unacceptable, but by that same token your employer is equally free to refuse to continue employing you. You cannot force your employer to employ you on the terms of your choosing.

You can certainly attempt to negotiate with them. Perhaps an arrangement where you remain on salary for so long as you have no more tardies would be acceptable to your employer. But ultimately this is a matter of negotiation and coming up with something that is mutually acceptable. If you cannot reach a mutually acceptable agreement, the employment does not have to continue, you just can't force your employer to employ you on the terms you would prefer.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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