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My employer offered me a new position within the company…

My employer offered me...

My employer offered me a new position within the company that changes my schedule from a 5 day 8 hours per day schedule to a 4 day 10 hours per day schedule. Within a month of accepting the new position I noticed that my schedule had an extra hour per day added taking the total hours per day to 11 hours. I expressed my concern with the added time to my manager and told that i hadn't agreed to that schedule but there hasn't been a change. I asked if I could move back to my previous position and hours but was told that it had been back filled so now i'm stuck with hours i was not prepared or notified about. My question "is this considered a bait and switch type of situation and is there any legal recourse?"

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?

At will

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Answered in 7 minutes by:
10/13/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,227
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Unfortunately, there is no legal recourse for this situation. An employer is allowed to change your position and your schedule, even without your consent. Honestly, it was a courtesy that the employer asked your opinion prior to changing your work schedule and position. The only way you would have a legal recourse is if you believed and could prove that there was a discriminatory or other legal reason for the schedule/position change. I am sorry that I do not have better news for you, but I hope that this will not affect your rating of my services.

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Customer reply replied 6 months ago
eventhough it was a brand new positon within the company that I didn't have to accept but accepted based on certain specific criteria offered to me, which were not been met, I have no recourse? It's not like I was just moved to a new position with new hours because of the nature of the business, I moved to the new positon based on what was being offered.

I understand your position completely. Even your acceptance was not necessary. California is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right. Therefore, your employer could have predicated your continued employment on your acceptance of the new position.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,227
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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