Can an employment agency that you work for change your contract agreement without your consent?

I work for a employment agency where I am contracted out to an energy company. I was to be paid for all holidays that the company is off and a weeks vacation, now the agency calls me and says that the energy company will no longer pay off hours for contingent labor and that I will not be paid for vacation and holiday hours going forward. What are my options?

Asked on April 27, 2016 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Texas is at 'at will' employment law state.  This means, that in absence of written contract, the terms of your employment agreement can change at will.... which means any time one of the parties wants to change a term. 
For you, this means that if your employer (which is the agency) wants to change the terms... they can, but they have to provide you with advance notice so that you can make the decision whether to continue workings or resign.  They cannot tell you, 'we will pay you holiday pay' one month and then end the policy wihout telling you later.  If you don't agree with the terms, you are free to seek alternative employment.
However...this is the general rule in Texas.  A specific, written employment contract can change this.  If the terms of your written contract say they must pay you, then the written contract will controll.

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