Can I be laid off for getting paid more?

UPDATED: Oct 1, 2022

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Can I be laid off for getting paid more?

Im currently employed threw a temp
agency and as of July 1, 2018 minimum
wage went up from 12 to 13.25. The
company I am working for has under 25
employees which does not qualify them
for that raise. Since I am not an
employee of the company rather an agency
that has more than 25 emplyees I
qualify. So now employees from company
know and have complained about me
getting paid more than them. I was told
by the boss that it can cost me my
position. Can I be laid off for that?
For something I have no control over,
it’s the law.

Asked on July 11, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can be laid off for this, as unfair as it may be, unless you have a still-in-effect (unexpired) written employment contract preventing termination for this reason. In the absence of a written employment contract, all employment in this country is "employment at will." That means that you can be terminated at any time, for any reason whatsoever--even other employee's resentment over what you earn.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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