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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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I have an Employment Contract that specifically states my

Customer Question

I have an Employment Contract that specifically states my job duties are specific in working in a Virginia location as of Sept. 7, 2015 and report to the CEO. The agreement states from time-to-time I might report to another individual, travel from time-to-time due to my duties associated with my employment in VA. A month ago the CEO told me I was reporting to thee CFO and was to report to NC. I asked for how long, what are the new job duties, and who is paying for the business travel and lodging. Prior to knowing I had to pay for my own expenses I said I would arrive on 8th of Feb. However, I informed I could not arrive until I obtained a credit card (which I did do and now have two). I took PTO 15-19 Feb and on 20th of Feb I did not need to be in NC on 21st and to remain in VA. I was told by the CFO he was to busy to provide the new duties, told me to be prepared to stay in NC for sometime, and I might be expected to travel to NYC, LA, Japan, and Germany. I was informed I would need to pay for my business expenses and be reimbursed. The company is having suffering financially and laid-off 30 people. My employment agreement states any changes are to be made in writing and mutually agreed upon. During the course of the past six weeks I reported to the CFO and asked repeatedly for job details, how long I will be working in NC, and did not have a credit card to pay for the expenses. Three weeks ago he demanded that I call him four times a day 9 am, 11 am, 2pm, and 6pm. He has not once picked up the phone or answered any emails. Today, he threatens me again with employment-at-will, I am forbidden to speak to employees, former employees, and regulators based on me providing confidential information. My agreement is if asked to leave prior to September 6, 2016, I am paid 50% of the outstanding wages.
I informed him his continued harassment, retaliation, and lack of communications is creating work related stress and anxiety. I tried contacting the CEO and he told me to deal with the CFO. However, based on the CFOs unfair treatment I feel I should stick with the Employment Agreement and interact with the CEO and any changes have to be made in writing.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 9 months ago.

You are right. They are breaching the written agreement by making changes without an agreement in writing. The challenge is it is hard to prove your actual damages. Judges will not usually grant mental anguish damages for a breach of contract situation.