Can an employer change employment classifications after hiring?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer change employment classifications after hiring?
I was hired at a certain salary noted in my offer letter as well as paid vacation before my year of employment. Suddenly per death in the family followed by high number of flu cases here locally I have missed days. I was just informed that management wants to revise my offer letter and reclassify my exempt status to hourly
Asked on January 15, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, the employer may change your classification *unless* you had not just an offer letter, but an actual written employment contract for a set or defined period of time (e.g. a one-year, two-year, etc. contract) which has not yet expired and the terms of which you have not breached. If you do have such a contract and it prevents this, you can enforce its terms, including by a "breach of contract" lawsuit if needed.
But except to the extent changed by a written employment contract, all employment is "employment at will" and an employer may change classification, job, shift, title, duties, compensation/pay, benefits, etc. at will. Without a contract, the employer could do this, because without a contract, the terms of your job are 100% under the employer's control.
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 AttorneyPages.com 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.