Can my employer tell me there’s no work and then work someone that works for less money?

On my scheduled day I was told there was no work. However, a lady who works for $2 an hour less per hour was working my shift.

Asked on March 15, 2018 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Is your treatment the result of some form of legally actionable discrimination? In other words, was it due to your race, religion, age (over 40), disability, gender or nationality. If not, then you have no claim here. That in uness you have protection under the terms of a union agreement or employment contract. Otherwise, as an "at will" worker, your company can set the conditions of your employment much as it sees fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Is your treatment the result of some form of legally actionable discrimination? In other words, was it due to your race, religion, age (over 40), disability, gender or nationality. If not, then you have no claim here. That in uness you have protection under the terms of a union agreement or employment contract. Otherwise, as an "at will" worker, your company can set the conditions of your employment much as it sees fit. 


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