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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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European manager, card holder, working texas llc company. no

Customer Question

good evening, european manager, green card holder, working for a texas llc company. no contract, just engagement letter and emails as backup with salary and benefits (housing allowance, business flight tickets to europe, 401k 5k a year matched)
can the employer stop providing the benefits without the employee agreement ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unfortunately, unless there is some type of written agreement then an employer in Texas is not obligated to provide any of the benefits you mention since Texas is an employment at will state.

It is possible that the engagement letter and emails could form a written contract but you would need to take those to a local lawyer and let him review them as a whole to see whether it reaches the level of a contract. It would also be helpful for you to bring a copy of any employee handbooks or manuals along with the emails.

Customer: replied 1 year ago.
emails from the top management dated 2012 with all the benefits , received for 3 years are not enough ?
Expert:  Dwayne B. replied 1 year ago.

It depends on exactly what they say. Texas law doesn't favor "implied contracts" in employment situations and therefore the exact language of all of the documents make a huge difference. It's not the volume of documents or the duration of the documents, it's the exact wording of the documents. It is certainly possible they will form a contract but it is equally possible they do not and only an in depth evaluation of the actual documents by a local attorney will confirm this one way or another. If the documents do form a contract then the employer cannot take the benefits away without being in breach of contract, if the documents do not form a contract then the employer can take them away.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

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