Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.
Showing posts with label offer letter. Show all posts
Showing posts with label offer letter. Show all posts

Wednesday, May 15, 2013

Employment Law Blog Carnival, We Are Family Edition

It's time for me to host the ever-enlightening Employment Law Blog Carnival, that wonderful monthly collection of the best employment and HR blogs in the blogosphere. Because I hosted this time last year, I'm not doing yet another tribute to Mother's Day. Instead, I looked for a less obvious holiday to celebrate with this new edition of ELBC.

May is National Family Month, so welcome to the We Are Family edition of the Employment Law Blog Carnival.

Lorene Schaefer in Win-Win HR points out that we aren't too different from our monkey relatives, in that we know when we're slighted and don't appreciate it. Her post,  Screw You And Your Cucumber Too - Even Monkeys Demand Equal Pay for Equal Work (love the title - can you guess why?) tells employers why they shouldn't monkey around with equal pay.

Dads are entitled to paternity leave, but Randy Enochs in Wisconsin Employment & Labor Law Blog bemoans the fact that Study Shows That Few Dads Take Advantage of Paternity Leave. C'mon dads. Take the time to bond with the new baby.

Every teenager knows you don't give out your social media passwords, especially to family members. So why does NJ Gov. Christie want your password? In NJ Gov. Christie Vetoes Proposed Workplace Social Media Law, Eric B. Meyer in The Employer Handbook explains why the big guy didn't like the law prohibiting NJ employers from asking for employee social media passwords. And really, why wouldn't you want to trust a NJ politician with your passwords?

Families are changing, and so must the law. Heather Bussing, in HR Examiner, tells what to do When An Employee Says I'm Gay.  It's a terrific step-by-step how-to for everything from terminology and applicable laws to bathrooms and workplace violence.

Your Canadian relatives have probably headed back home from their winter hideaway in my state by now. We Floridians will miss them so. Stuart Rudner offers the Canadian perspective (which is way, way better for employees) in the Canadian HR Reporter with Employment Agreements Avoid Awkward Hiring Situations. They can help here too, so Stuart's article offers helpful advice to any employer who is preparing an offer letter to a new employee.

Thanksgiving dinner isn't the only time we should be reminded about all the genetic glitches in our families. In The Emplawyerologist, Janette Levey Frisch does two posts on GINA, that very confusing law about genetic information discrimination. In What Does GINA Have To Do With Employment Law Practices, she breaks it down for you and tells you why you should care about this relatively new and misunderstood law. In How Are Employers Faring (In Court) Under GINA, she enlightens us on some recent cases employers won, and a pending case that may "stick" against an employer.

Every family has one black sheep, and sometimes that's because of drug use. Ari Rosenstein in CPE HR's Small Biz HR Blog tells businesses what they can do about drug abuse in the workplace in Substance Abuse and the Drug-Free Workplace Act.

Most of us here in South Florida have family or friends from other countries. It makes living here way more fun and interesting, but Homeland Security is watching those immigrants when you do your hiring. Nilesh Patel of the Mahadev Law Group blog updates us on the new forms employers must use to verify that employees are legal to work in the U.S. in New I-9 Forms.

Our Canadian brothers and sisters prove they can one-up us in something besides hockey. In A Workplace Harassment Case for the Record Books, Dawn Lomer in the iSight blog shares a story of a poisoned workplace atmosphere that Canadians found shockingly illegal (but would probably be just another case of legal workplace bullying here, sad to say). Oh, Canada. Why can't we follow your lead? Except the mayo on fries. You can keep that.

Just in time for National Family Month, Philip Miles in Lawffice Space tells a cautionary tale about working for family, especially if they don't like your sudden spiritual awakening, in 3d. Circuit: Shareholder not "Employee" Under Title VII.

Just like children, you must teach your employees well. Michael Haberman in the HR Observations Blog implores employers to Teach Employees About Sexual Harassment.

Many families have that embarrassing relative who can't stop with the racial slurs at family gatherings. Fortunately, the law protects you if your supervisor spews out racial slurs. In Fitzpatrick on Employment Law, Robert Fitzpatrick tells about a case where one racial slur was enough to create an illegal hostile environment in Racial Slur Sufficient to Support Claim Against Fannie Mae.

Nobody wants to hear Uncle Hal droning on and on about nothing, and your employees don't want to attend trainings that go on and on about nothing either. In Designing an Engaging Workplace Harassment Training, Stephanie Hammerwood in Blogging4Jobs talks about how to get employees to actually pay attention to all those expensive harassment trainings you send them to.

Mario Bordogna in Employment Essentials explains how the DC Circuit is as annoying to NLRB as your siblings are to you in Following Noel Canning, The DC Circuit Again Overturns NLRB Action & Invalidates Notice Posting Requirement.

Every parent knows you need to teach the kids what they should and shouldn't post in social media. One of my favorite verbal sparring partners, Jon Hyman, offers some good advice to employers about social media training in the Ohio Employer Lawyer's Blog in With Social Media, All Of Your Employees are Brand Ambassadors; Train Them Accordingly. Of course, employers can always turn over their social media passwords to NJ Gov. Christie and let him handle it . . .

Family loves to give advice, and so does the NLRB. John Holmquist, in Michigan Employment Law Connection, analyzes NLRB advice on confidentiality in NLRB "Advice" Concerning Employer Investigations.

Do-it-yourself projects can cause lots of family strife. Same if you try to write a do-it-yourself employee handbook. In the DamnedIf blog (love the name), Adam Whitney explains why in Using Standard Form Employee Handbooks; Damned If You Do, Damned If You Don't.

There's really nothing worse for a parent than outliving a child. In the Musings blog, Crystal Spraggins explains why grieving parents should be covered under FMLA in Proposed Amendment to FMLA Would Provide Leave For Grieving Parents.

Health care is important for any family, since there's no quicker way to go bankrupt than to enter a hospital while uninsured. My associate, Ryan Price, did a terrific guest post (I'm not biased at all) right here in my blog, Screw You Guys, I'm Going Home, on how employees will have new protections soon against employers who discriminate based on employee health care decisions in The "New" Discrimination: Retaliation Based on Health Care Rights.

That's all for the We Are Family Edition of the Employment Law Blog Carnival. Join us again next month at a different location for the best employment law blogs, together in one handy place.





Friday, December 9, 2011

Is My Offer Letter a Contract?

Heather submitted this question at Ask A Manager, and I thought it would be a good one to address here:

I was employed at a large successful company - while there, I got a call from a man who is a CEO of a smaller company offering me a job and saying he could beat whatever I was currently making. Long story short, I ended up taking the position in July at the smaller company and leaving my current position. Two weeks ago, the same man who hired me, also hired a sales manager who has convinced my boss that myself and 1 other rep are making too much money and he is trying to significantly lower our salaries and commission structure. My question is: if this man lured me away from my position at with an offer letter of more money and is trying to renege less than 6 months later, what are my rights? Is there a law that states how long an offer letter is good/enforceable?

Thanks
P.S. Not sure if it makes a difference but I live in Texas...

Heather, the bait-and-switch job offer is more common than you’d think. It happens all the time here in Florida, the center of con artists in the universe. Unfortunately, Texas, like most states in the nation, have at-will employment. That means that you can be fired, demoted, have your pay cut, or be disciplined for any reason or no reason at all.

Sure, the offer letter is probably a contract. It’s an offer and you accepted. There was consideration for it, namely, you started working. But what does that contract actually say? If it lays out your pay structure in writing and says it can only be changed in writing signed by both parties, then they can’t change it without your agreement.

If it says you can be fired at-will, then they can fire you for not agreeing. They can also fire you anytime for any reason.

If it says you can only be fired for cause, then what are your remedies? If the offer says you will be employed from x-date to y-date, then you should get paid out for the length of the employment. It might say that if you’re fired without cause you get a specific amount of severance. It might say that they can fire without cause with x-days of notice, in which case you get paid out for the length of the notice period.

One more possibility: fraud. If they had no intention of honoring the agreement when you were lured in, then you might be able to sue for fraud. It’s tough to prove, so things I’d look at are whether they’ve done the same thing to others. Is this a pattern? Is there some smoking gun or witness that would confirm they never intended to honor the offer? Or did the company have a sudden downturn after you started? If it’s a downturn, then there wasn’t fraud.

Donna’s tips:

a. If you are leaving a secure job for a new position, try to get some assurances in writing about job security. If they want you badly enough, they might agree to put in that they can only terminate for cause and some reasonable severance.

b. If you do get a contract, be careful what you sign. I’ve seen unscrupulous competitors lure top sales people over, have them sign non-compete agreements, then fire them a few months later. Surprise! You’re out of the industry unless you have the financial resources for a long legal fight.

c. Do your due diligence before you accept a job that sounds too good to be true. Google the new employer. Ask to speak to some coworkers before you accept. See if you can find some former employees (try LinkedIn, which lists former employers) to talk to about what their experiences were.

d. If you decline a unilateral pay cut and are fired or quit as a result, you might qualify for unemployment.

Have you ever gotten a job offer that wasn’t what it seemed? If so, did you take legal action or just leave as soon as you could? Do you think there should be some consequences to employers who make phony job offers? If so, what should they be?

I’d also love to hear from other lawyers and HR people, especially in Texas, to see if you have more advice for Heather.