Paramount, CA asked in Employment Law for California

Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I stated I would think about it over the weekend. Come Monday I decided to talk to employer, I told him after much consideration I had decided to take the part time position with 10 hours a week. He proceeded to state that it was not in his best interest so that was off the table and I had to resign.

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2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: More information is needed. Speak with a local employment law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: More needs to be known about your situation to determine if the employer has violated the law. This area of law is very fact-specific.

Generally, an employer has the right to change the terms and conditions of the job at any time and for any reason or even no reason at all. However, it may not engaged in an adverse employment action because the employee has a medical condition that could be reasonably accommodated and that would not cause an undue hardship on the employer.

At this point, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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