California Employer: Different Work Schedule for Same Job
Q: I’m a commission-only sales rep with no base salary. My employer is now requiring me to work a set schedule, while other “top performers” come and go as they please. Is this fair? Can I be terminated (realizing CA is an at-will employment state) if don’t follow the new rules, directed at only some of the staff? Would I have a discrimination case?
A: Do you have an employee manual that discusses shift work? Are top performers working during a shift when there is the most business, therefore the company wants to make the most money during that time? I will assume you you are not one of the top performers so putting you on that shift wouldn’t benefit the company as much?
You would not have a discrimination case unless you felt you were being (and could prove) that you were being discriminated against for
- Age
- Disability
- Equal Pay/Compensation
- Genetic Information
- National Origin
- Pregnancy
- Race/Color
- Religion
- Retaliation
- Sex
- Sexual Harassment
Read more here: http://eeoc.gov/laws/types/index.cfm
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One Response to California Employer: Different Work Schedule for Same Job
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The top performers can come and go as they please because they are top performers. Consider it a benefit offered by the employer to keep his top performers happy and working for him. Until you prove yourself and become a top performer, you have to take what you are scheduled, unless you think you can do better elsewhere. There is no legal discrimination indicated.