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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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In January 2016 my employer ( in Texas) gave a lump sum of

Customer Question

In January 2016 my employer ( in Texas) gave a lump sum of hours to include PTO, sick time, and holidays. Yesterday they sent out an email stating that because Medicare and Medicaid reimbursement is low and has negatively affected their budget we will have to go back to the system of accruing PTO. On July 1, 2016 we will have our PTO recalculated based on where we fall on the scale of years of service. They will then deduct and time-off that has already been taken. They are doing this just when employees were getting ready to go off on vacation. Many have already paid for air travel, hotels, and vacations, aside from making plans with family and friends. Many of us will be left with a few hours or PTO or nothing at all. Is this legal? Do the employees have any rights.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The answer is based on when this change takes effect. if they are doing this retroactively, it is NOT legal and the employees can challenge or even threaten to file suit for breach of contract and seek employment obligations. But going forward that is perfectly legal since the employer is permitted to change benefits provided past benefits are not in any way affected.


Dimitry, Esq.

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