What can I do if my boss hired someone new and I was on call?

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What can I do if my boss hired someone new and I was on call?

My mom, sister and I work in agriculture. They had previously worked there but I was only working there for a week when the foreman called my mom and told her that she can go to work but they won’t be needing us. The secretary called us Monday scheduling a meeting with the boss for Tuesday since our checks were coming from the main office. We received our checks Tuesday and he said since we were new hires he has us on call but once work starts up again he would call us. My mom is still working with him and he hired a new person while we are still on call. What can we do?

Asked on July 27, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

There really isn't much that you can do unless you have an employment contract or union agreement that provides otherwise. The fact is that a company or business can set the conditions of work much as it sees fit (absent some form of legally actionable discrimination). Therefore, you can be put on-call even if a new person is hired. If this is not acceptable, you can either complain and risk termination, or quit.

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

Answered 3 years ago | Contributor

There really isn't much that you can do unless you have an employment contract or union agreement that provides otherwise. The fact is that a company or business can set the conditions of work much as it sees fit (absent some form of legally actionable discrimination). Therefore, you can be put on-call even if a new person is hired. If this is not acceptable, you can either complain and risk termination, or quit.


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