Can employer revoke paid time off and holiday if a pre-employment agreement states otherwise?
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Can employer revoke paid time off and holiday if a pre-employment agreement states otherwise?
I am a part-time hourly employee. I have a written offer, prior to starting my employment, stating paid time off 5 days (and 7.5 days after 6th year) and 6 paid holidays annually. I was required to sign written offer letter stating these terms prior to employment. I have been employed here 2 years and received 2 performance based raises. The newly released employee handbook states that all part-time employees will lose paid time off and holiday pay as of 01/01/11. Is this legal ?
Asked on December 20, 2010 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, it is legal. Employers may alter the terms and conditions of employment--they are not required to keep the same terms, benefits, etc. in place forever. If you had an actual employment contract which stated that you would receive certain benefits and they could not be changed (either ever, or at least for a certain term), that would be different; but in the vast majority of cases, an offer letter does not bind an employer indefinitely. If you feel the language of the letter is particularly beneficial to you, you may have an employment attorney review it--depending on the exact language, it's not impossible it will preserve your paid time off and holiday pay. But that would usually only be in exceptional cases.
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