Can an employer say you have 9 paid holidays on your offer letter then force you to use 1 of your 2 days off as your holiday?

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Can an employer say you have 9 paid holidays on your offer letter then force you to use 1 of your 2 days off as your holiday?

When I was offered a job with my current employer my offer letter stated I would have 9 paid holidays. I work as a general manage in a retail store open 365 days a year and get 2 days off. Since starting with them they expect me to use one of my days off on the holiday which means it’s not a paid holiday. I am salary and non-exempt. Is there anything that I can do?

Asked on November 16, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, there is most likely nothing you can do unless you have an actual written employment contract, not merely an offer letter. To be a contract, it must guaranty your employment for a certain period of time (e.g. a one-year contract) and/or limit the reasons for which you can be terminated. Otherwise, if it does not limit your ability to be terminated in one way or another (by time, or by reason), it does not form a contract and your remain an employee at will. (All employees in this country are employees at will unless and only to the extent that is changed by a contract limiting termination.)
Without a written employment contract, you are, as stated an employee at will; if you are an employee at will, your employer can set or change the terms or conditions, or compensation and benefits, of your employment at will--i.e. in any way, at any time. That means that regardless of what they put into your original offer letter, they can change things so that you have to use a day off for a holiday day. So yes, your employer can do this.


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