Can an employer change employment classifications after hiring?

I was hired at a certain salary noted in my offer letter as well as paid vacation before my year of employment. Suddenly per death in the family followed by high number of flu cases here locally I have missed days. I was just informed that management wants to revise my offer letter and reclassify my exempt status to hourly

Asked on January 15, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, the employer may change your classification *unless* you had not just an offer letter, but an actual written employment contract for  a set or defined period of time (e.g. a one-year, two-year, etc. contract) which has not yet expired and the terms of which you have not breached. If you do have such a contract and it prevents this, you can enforce its terms, including by a "breach of contract" lawsuit if needed.
But except to the extent changed by a written employment contract, all employment is "employment at will" and an employer may change  classification, job, shift, title, duties, compensation/pay, benefits, etc. at will. Without a contract, the employer could do this, because without a contract, the terms of your job are 100% under the employer's control.


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