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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102506
Experience:  Years of experience in running a medium sized law firm.
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I signed a contract new position within the company I work

Customer Question

I signed a contract for a new position within the company I work for to transfer to their Denver location on 8/5/15. Since then they hired a new GM who has been trying to change the contract monthly. I have been able to keep them to the contract until this past Friday when they gave me a new letter stating that they were not going to pay for the full move out to CO. In this new letter they want to change my bonus structure and pay me a set amount to move. I'm a single mother trying to get my kids out here with me but in the meantime travel between CO and home every two weeks. Looking to see if I have a case.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

Unless the original contract that you signed allow them to "change the terms," then they cannot do so. The employer is bound by the contract and cannot simply change it at will (again, unless the original contract allows them to do so).

Assuming it does not, then one does indeed have a case for breach of contract. "It has long been the law in Colorado that a party attempting to recover on a claim for breach of contract must prove the following elements: (1) the existence of a contract, … (2) [substantial] performance by the plaintiff or some justification for nonperformance, … (3) failure to perform the contract by the defendant, and (4) resulting damages to the plaintiff." Western Distributing Co. v. Diodosio, 841 P.2d 1053, 1058 (Colo. 1992).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!