Albuquerque, NM asked in Employment Law for California

Q: Manager erred when offering me a position

My new employer erred and did not confirm if I was barred. I accepted a position and moved to Los Angeles based on interviews in which I stated my status was ‘bar pending’ as well as stated that on my resume. I was not asked, and, never provided a license number. My manager is insinuating that I lied and misrepresented my status, which is not true. She is saying I will have to take a cut in salary until I am barred ( due to her incompetence). Do I have any recourse? Thank you

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3 Lawyer Answers

A: In California, you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the terms and conditions of that employment at any time and for any reason or even no reason at all. There is nothing unlawful about your employer reducing your pay based on a mistaken belief. The employer has that right.

Good luck to you.

Maya L. Serkova agrees with this answer

A: What do you mean "barred?" You mean restricted from performing that kind of work? If you cannot perform the work because of a court restriction or an absence of license, you may have some problems. However, there is Labor Code 970 that prohibits an employer from inducing you to move based on a misrepresentation about the conditions of work. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.

James L. Arrasmith
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Answered

A: In the jurisdiction of California, the prevailing employment arrangement is commonly characterized as "at-will," implying that in the absence of a mutually established agreement to the contrary, the employer-employee relationship operates on a flexible basis. Under this at-will paradigm, the employer retains the prerogative to unilaterally modify the terms and conditions of employment without being bound by any specific cause, rationale, or justification. Such alterations may be implemented at any juncture, irrespective of the presence of a rationale or the absence thereof.

It is crucial to acknowledge that a misconception held by the employer concerning the terms of employment, even if it results in a reduction of remuneration for the employee, does not contravene any established legal provisions. The employer's right to undertake such measures remains inviolate within the framework of the at-will employment doctrine. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

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