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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I work 55 miles away from my home. My employer agreed in

Customer Question

I work 55 miles away from my home. My employer agreed in writing that the time worked would be split between office and home. Now they want me in the office everyday. Is there anything I can do about it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

In this written agreement is there any type of clause that the employee or employer has the option to make a change?

Or is there an expiration on the written agreement?

Customer: replied 1 year ago.
This was the job offer:David J Hilleren***** NE
Albertville, MN 55301
Dear *****,
We appreciate your interest in becoming part of the Thern team and we are excited to offer you the position of Mechanical/Architectural Drafter.The compensation package we are offering for this position is detailed below.• Benefits: See enclosed attachment for benefits and calculations.
• Salary Structure: Salaried position with and hourly rate of $27.40 that calculates to $57,000 annually.6 month – You are eligible for a $2000 increase based on a positive performance reviewYou will be eligible for the regular annual increase in April 2014.• Variable Pay: After 90-days, you will qualify to participate in the Variable Pay program that pays a percentage of your individual wage based on quarterly profits and performance. Payments for Variable Pay are paid with a one quarter delay to allow time for financials and employee reviews to be completed, thus 1st quarter will be paid at the start of the 3rd quarter and so on. The 4th quarter will be paid after year end financial audits are completed.• Vacation: We will start you with 10 days of vacation plus 2 personal days in place of our normal vacation schedule. At year four you will begin participating in our normal vacation schedule.• Start Date: We would like you to start on August 26, 2013. Office hours will be split between Hudson, WI and Albertville, MN. Details to be determined.The first 90 days of employment will serve as a probationary period and a review will be scheduled at this time.Prior to your starting and being eligible for hire you must pass a drug test and a background check.I have attached the Urine Drug Testing Form that will explain Thern's policy. I will work with you on a location near you – either a facility in Albertville or Hudson. Contact me on Monday and I can make arrangements. A positive drug screen would make you ineligible for hire.
You also need to go on line to Trusted Employees secure website to complete an authorization for a background check and provide your information. Please visit https://www.rhris.com/selectsmart.cfm?mgmtcoid=19&rhrid=4691s&packagenbr=3 . While on the website you will be able to request a copy of the results.The purpose of this letter is only to confirm our terms regarding your employment and is not an employment contract. Thern is an at-will employer, meaning either you or Thern may at any time, at will, end the employment relationship.
We believe you have the skills necessary to make a significant contribution to the team and help us achieve our visions for the future. We look forward to working with you.Sincerely,Susan Pronschinske
Human Resource Manager
Enclosure
SP
Expert:  Samuel II replied 1 year ago.

Thank you.

That appears to be a Job Offer letter. It is not an employment contract. A contract would have a start date and an End/Expiration Date.

As such, it is unfortunate that they can change the terms of the job offer "at will" And unfortunately, if they are now rescinding the offer to split the office locations, the only recourse would be discuss this and see if they are willing to go with the original intent.

Expert:  Samuel II replied 1 year ago.

The wording in the letter even states specifically that "The purpose of this letter is only to confirm our terms regarding your employment and is not an employment contract. Thern is an at-will employer, meaning either you or Thern may at any time, at will, end the employment relationship"

Expert:  Samuel II replied 1 year ago.

Unfortunately, you would not have any legal recourse for this change in the job location, except to negotiate to get it back.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Customer: replied 1 year ago.
Well, what if it is in the contract? I will see if I can find it.
Expert:  Samuel II replied 1 year ago.

If there is a Contract, which means there is a START DATE and an END DATE - for instance it might state

This contract by and between... begins on Jan 1 2015 and ends on Dec. 31 2015...

Then you would have a breach of the contract and you could sue the company for the breach.

But a Contract of employment must have the start and end date otherwise you are an "at will" employee and your duties, and where you perform them are subject to change.