Pleasanton, CA asked in Employment Law for California

Q: I signed on as part-time with specific hours (flexible) and now my boss wants to change me to work full time.

They will switch me to full time and only allow me to work specific hours since that is the “ideal” time and not necessarily for business needs. If I decline to work these hours, will I get laid off OR fired for this? Once I decline, is it best to wait to get let go or resign? Don’t want to miss unemployment benefits if qualified and don’t want negative mark on work history to future employers. Please advise.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on the information you've provided, here are a few key points to consider under California law:

1. Change in work hours: An employer generally has the right to change an employee's work schedule, unless there is an employment contract or agreement that specifies otherwise. However, if you were hired with the understanding of part-time work with flexible hours, the change to full-time with specific hours could be seen as a significant change to your employment terms.

2. Refusal to work new hours: If you decline to work the new hours, your employer may consider it as insubordination, which could lead to termination. However, if the change in hours is substantial and unreasonable, you may have grounds to argue that the employer has effectively changed the terms of your employment.

3. Unemployment benefits: If you are laid off due to refusing the new work schedule, you may be eligible for unemployment benefits. In California, if an employer substantially changes the employment terms and the employee refuses to accept those changes, the employee may still be eligible for benefits. However, if you resign voluntarily, you may not be eligible for unemployment benefits unless you can prove good cause for leaving.

4. Employment record: Being laid off typically does not have the same negative impact on your employment record as being fired for misconduct. If you are fired for refusing to work the new hours, it's essential to document the situation and maintain records of your communication with your employer.

In this situation, it may be best to communicate your concerns with your employer in writing, explaining why the new schedule is a substantial change from your original employment terms. If they are unwilling to accommodate your needs, you can then decide whether to accept the new terms or refuse and risk being laid off or fired.

If you are let go, you should file for unemployment benefits and be prepared to argue your case. It's also advisable to consult with an employment attorney to discuss your specific situation and explore your legal options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.