Stockton, CA asked in Employment Law for California

Q: When I was hired I was told that I would get 1 weekend off a month but haven’t had a scheduled weekend off in 10 months

I brought it to the attention of 3 different managers and was given pretty much the same answer which I then argued the point that “ other employees haven’t had to do this to get a weekend off so why do I?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your employer has no duty to give you the time off that you requested, even if they told you prior to employment that you would be given that time off. An employer is allowed to change the terms and conditions of employment at any time and for any reason or even for no reason at all when the employment is at will. If you do not like the new terms and conditions you are allowed to quit at any time and for any reason or for no reason at all.

Arguably, if you could prove the representation about getting weekends off was untrue at the time the representation was made, and that statement was the motivating factor in your decision to take the job, and not just a nice additional enticement, and if you could prove you materially changed your position by quitting another good job based on that promise, you might be able to make a case for promissory fraud, also known as fraud in the inducement. However, that would be a very difficult thing to prove, and establishing damages would also be a challenge.

The far more prudent move for you now is to look for alternative employment if you really do not like the job you are in right now.

Good luck to you.

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