[tilteddriveway]

Hello,

This is a MA question. There's been some shake-up at the top level of this small (~30 people) company I work at and the victor is extremely tight-fisted. He now expects everyone to be "in their seats" at 9am, even the employee that consults with universities in Australia and has to work late, he changes where in the building he works so that he can keep watch over people, he's all but eliminated the working from home option, holidays have been reduced effective next year, and there's been a change to the vacation policy. Instead of being granted 14 days at the start of each to use during the year (they do not roll over), it has been changed to 12 total vacation days, one earned each month, and they don't roll over (so your vacation day you get in December has to be used in December but in principle, the vacation day from January can be "saved" for a vacation).

However, in the employee "contract" that was signed, it says that each year we are awarded 14 vacation days. It mentions nothing about rolling over (sick days, and holidays it does say don't roll over explicitly). I keep putting contract in quotes because it is really just a simple 1-1/2 page word document that doesn't seem like a viable contract. There are no terms for breaking the contract, and under salary it says that the President of the Company may make changes to your salary from time to time as he sees fit". Also, everyone is an "employee at will". So... it seems like if anyone complains about anything they are going to get fired.

The pay isn't great, and now that benefits are being taken away, it's probably time to leave. But can these policies be changed suddenly and in conflict with what has been signed to?

[CliffARobinson]

There is a difference between an employee contract and signing an understanding of a company's benefits program. From what you have said, you are probably talking about the latter.

Since it is a benefits program, yes, the details of the benefits can be changed as long as you do not have an employee contract which includes those benefits as part of your agreement.

Unless you actually have an employee contract, you were probably always considered an "At-Will" employee, the new CEO or Owner is simply making that point perfectly clear.

[joypulv]

Most of that they can, and any part of your contract that is being reduced, although you could formally protest (such as 14 to 12) chances are you will be monitored for that 9 am in your seat rule, or any little infraction throughout the day, from personal phone calls to emails and late lunches. And we are in a recession still. Many would find your benefits quite luxurious (10 vacation days, e.g.). Not rolling over vacation time has been the norm for years at all the companies I hear about.

[tilteddriveway]

The word document says "Employee Contract" as the title. It's just written in a way that doesn't make it seem that way.

[CliffARobinson]

What do you mean it is written in a way that doesn't seem like it is a contract, and has this been given to all employees? "At Will" implies there is no contract. Something doesn't match up. In order to get rid of a contract employee, the contracted employee either has to do something to violate the terms, or, the company would have to buy them out, (Golden Parachute).

[ScottGem]

Does the document include your name and the company name? If it does, then I think it's a contract that is enforceable. If it doesn't then its not.

Most of the items you mentioned are changeable as long as the changes are applied to all equally. But the vacation time may be a contractual obligation.