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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I just recently been changed from salary to clocking in and

Customer Question

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?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time, i think its also at will. i was hired at salary.
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

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.