Can an employer hire me for one job but then make me work another less paying job?

I was offered a sales job that included hourly commission, with a chance to work nights based on seniority. I was promised that even the night shift gets commission and great pay, so i was sold. Fast forward a year later, the company keeps creating new positions that have nothing to do with sales and dont make commission, and including those positions in our bi-annual shift bid. This prevent me from doing the sales job I got hired for even though I have seniority now, because the company keeps creating positions I didn’t apply for or they neevr told me about.

Asked on July 24, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Employers are free to adjust--including decrease--employee compensation, and to transfer employees from one job to another, so long as there is no employment contract specifying an employee's position and/or pay. Therefore, in the absence of such a contract, your employer can make you work jobs, including lower-paying ones, other than the one you were hired for.


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