Legal Question in Employment Law in Virginia
Can my employer change my salary & benefits after accepting a position under the
In 9/02 I was offered a position with a local company. After negotiating my salary I accepted the position and started work immediately.After working for 3wks,my dept within the company was restructured and my position had changed without any prev. warning.My position was changed from a ''Salary'' to an ''Hourly'' position. This class. changed all my benefits immediately.My vac, sick leave, and disbility benefits (inc. matern.) were immed. reduced.I will be expecting a baby in 9/03.b/c of my employment status now, I may not be elig. for matern. leave benefits if my baby is born before 9/24/03(12 mos. employment). I would only be elig. for unpaid leave through the FMLA.I would like to know if there is anything I can do at all to be compensated for those benefits my employer and I agreed on when hired. One catch is that upon hiring, they ask everyone (including myself) to sign a form vowing never to take legal action against the employer for any reason whatsoever.I had to sign the document in order to get the job, from what I was told.I did not, however, sign any documents agreeing on the employment change of benefits. The only paperwork I signed was in the beginning when I accepted the position.
1 Answer from Attorneys
Re: Can my employer change my salary & benefits after accepting a position under
Your question really reduces to whether or not there was an enforceable agreement(contract) between you and your employer and, whether, possibly, this contract was then vitiated by your
subsequent signing of what appears to be a blanket waiver.
These are questions which you should take up with an attorney knowledgeable in the areas of labor
and employment law as well as the law of contracts.
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