California Employment Law
California Employment Law Questions Answered by Legal Experts
I signed an "employment agreement". It was over email and here is what the email message said that contained the attachment and belwo that is the exact wording on the document. DEAR XXXXX,
I signed this and sent it back to them.
Good morning, Thank you for the additional information. It was, unfortunately, as I suspected. That is an offer letter and not a contract. Offer letters are binding, but unlike a contract that is often binding for a set amount of time, an offer letter is binding only until one party or the other makes changes. The employer has the right to discontinue insurance or any other benefit they choose---and they still have the legal ability to let you go for no reason at all because you are an employee at will. And you have the ability to walk away from the job at any time, without penalty---again, because you are an employee at will. So long as the employer gives advanced notice of the change in benefits--any advanced notice will do so long as the notice is not retroactive---then you need to decide whether to continue working based on the new compensation or leave. The fact that you were notified of the benefit change soon after arriving, and before your eligibility for the benefit actually started, then notification was within the law. The initial agreement to pay part of your medical is not a legally binding contractual agreement. You certainly have the ability to come back to them and ask for the additional paid time off if that is what you think is fair. It is your right, and would be only fair for them to consider your attempt, to re-negotiate the deal now that they have unilaterally decreased your compensation/benefit package. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
i was cut off and somehow it posted half way through my response to you before i could finish writing what I needed to say. Here is what I wanted to reply to you last time with. If you have anything further to say, if this changes any of your answers please let me know.
I signed an "employment agreement". It was over email and here is what the email message said that contained the attachment. I have also attached the document for you.
I apologize for any malfunction of the site in allowing you to post your entire message.
While you do have a contract with the employer, you are also clearly classified in that contract as an employee at will, and they can choose to let you go, and you may leave at any time if that is what you choose. And because there is no term of employment and no guarantee of the time your compensation package will be in effect, it is also subject to change by the employer as long as they give you notice, as I previously described.
The only thing that changes is that if you choose to quit based on their refusal to now pay your medical, you can seek damages based on your additional and uncompensated moving expenses to relocate to your new residence based on a theory that you detrimentally relied on their promise to pay for part of your medical coverage. This is a form of Breach of Contract, and the equitable legal principal is that they are obligated to make you whole. If you plan to move back to where you came from, you can also ask for the relocation expenses in doing that as well. Aside from that breach of contract issue, there is no change to the information that I have already provided you. I fully agree with you that what you are proposing is eminently fair, and you should make the proposal to the employer. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
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