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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42839
Experience:  30 years in Employment law
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My question is this...when I was hired, I was given an

Customer Question

Hello. my question is this...when I was hired, I was given an 'engagement' letter. It outlined my salary, PTO time, benefits, etc. I signed that letter as well as my employer. At this time, my employer is cutting my PTO time. Can he do this? Our employee manual clearly states that the employer can change the benefits whenever they want, however there is a clear statement after that stating 'If you have a separate contract outlining different benefits than what is in the manual, the contract is binding. My employers argument is that the 'engagement' letter is not a contract.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Delaware
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time, not sure what 'at will' is
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it, thank you
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 9 months ago.

Here the engagement letter is not an employment contract under Delaware law.They can change the terms of employment.You have right here to look for new employment and leave.I understand your frustration please don't shoot the messenger.An employment contract will be for a stated period of time, they are rare, mostly CEOs, sports, broadcasting, etc. Again I am sorry.If they cut your PTO based on age, race, sex you can file with EEOC if they singled you out.And you may consider a new employer this really stinks even though it is legal here.

I appreciate the chance to help you today, I wish you the best here maybe looking for a new employer.

Expert:  Ray replied 9 months ago.

EEOC if you were singled ut

https://www.eeoc.gov/employees/charge.cfm

Expert:  Ray replied 9 months ago.

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge.

Expert:  Ray replied 9 months ago.

Again I am so sorry that you have had this happen.Legally they can do this, you certainly may decide to change employers, you are free to do so.

If you can positive rate 5 stars it is much appreciated. I wish you the best here.