Escondido, CA asked in Employment Law for California

Q: I was removed from my position as kitchen manager without explanation and asked me to transfer i was also demoted.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: In California you are considered to be employed at will unless you have an agreement to the contrary with your employer about that status. As an at will employee your employer has the legal right to change the terms and conditions of your employment, including your title, job responsibilities and pay, at any time and for any reason or even no reason at all. Unless you can prove you faced this situation because of your membership in a protected class of people or because you engaged in some form of legally protected conduct, there is likely no recourse for this.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: The Law's view on this is that you are free to quit and go work somewhere else, not always a realistic view, but "at will" means that you can quit without notice just like the employer can change your terms of work without notice to you. IMO you should not quit until you have secured a new job elsewhere. You should consult with a local Employee Rights attorney and also discuss your rate of pay, and whether you were improperly classified as an exempt employee so that you have a wage claim for OT and other penalties and damages. Remember in order to be an exempt employee you must be paid at least $840 per week.

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