Rancho Santa Margarita, CA asked in Employment Law for California

Q: Is it legal for my employer to bring me back from being furloughed to do different duties with less pay?

My employer has offered to bring me back from being furloughed. The offer is a 20% pay cut with different duties. They said if I don't accept they tell unemployment and I'll lose my unemployment benefits.

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1 Lawyer Answer

A: Yes, that is legal. In California you are considered to be employed at will. That means your employer can change the terms and conditions of your employment at any time and for any reason or even no reason at all. If you do not like the new offered job, you have the right to say no. However, unless the change is radically different in pay or duties, refusing to go back to work will likely mean you will lose unemployment insurance benefits. The more conservative approach would be to go back to work in the new job, and then if you do not like it look for other work elsewhere.

Good luck to you.

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