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Change in job / change in pay California

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  • Change in job / change in pay California

    I have a manager that works in a satellite office in San Diego. He works alone, and we are considering closing the office for financial reasons.

    We have a job for him in our main office in Los Angeles.

    Currently he is a manager, as he had overseen other employees, but they were not replaced once they left the company.

    The position we have for him in the main office he will not be managerial. He would be a non-exempt salaried employee.

    What are the guidelines we should follow for:
    1. His transfer to the main office.
    2. His pay. Can it be changed to suit the new position, even if it is lower.
    3. What type of moving expenses are we liable for if we close the office.
    4. What happens if he declines the transfer?
    5. Is there anything else that we need to consider when transferring this employee from one location to another?

  • #2
    assuming that you are not singling this employee out for any reason other than the fact that he works in San Diego, I don't see any problems moving him, changing his pay, and changing his position.

    Be aware that if he chooses not to accept the new position, he could very well get unemployment.

    I would recommend paying his moving expenses. Cal. requires the reimbursment of expenses incurred in the course and scope of employment, and he would be moving to facilitate his continued employment.

    You do not have to give him a ton of money for moving expenses, but I would suggest at least covering his U-Haul and giving him a day or two off with pay to move.
    Megan E. Ross, Esq.
    Law Offices of Michael Tracy

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


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