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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Default Is an Employment Offer Letter Also a Contract

    My question involves employment and labor law for the state of: Texas

    I work in software & technology sales. I worked for a company for a year, resigning this past July. My offer letter stated 2 items that were not actually allowed - 1) I was to be a sales overlay to the sales team, being able to work with the sales force (4 people). 1 month into the job at a sales meeting the CEO stood up & told everyone that I would be working with him & 1 major partner that I had just come from, & that I would not be working with any other sales people. He did this b/c he was unhappy with the lack of productivity with the existing sales team. This caused a major issue within the company, creating a political divide, & put a big strain on me limiting my activities due to my lack of bandwidth. Can this be considered a breach of contract?

    2) The offer letter also stated that I was to help one of the executives with international sales. But, I was not allowed to follow-up on this, even though my primary partner wanted me to meet with various people in other countries, & asked us to put our software in one of their labs in another country to show clients. This also limited my activities.

    The CEO has been unethical & misrepresents who clients are, capabilities & revenue, both internally & externally (press releases).

    They are refusing to pay 3 weeks of vacation that I had earned. My employee contract says to refer to the employment manual on vacation questions, a document I have never seen, nor has other existing emploees or another ex-employee I talked to. Can they not pay vacation?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,913

    Default Re: Is an Employment Offer Letter Also a Contract?

    Can your employer change the terms of your employment, change your supervisor, change the people you work with, etc.? Absolutely yes. They're not locked into giving you the exact working conditions of an offer letter, forever and ever and ever. They can consider their own needs, and put you where you are needed. They can even revoke an offer letter and tell you they don't want to employ you at all.

    In Texas, If an employment policy or agreement does not require the payout of accrued vacation time after separation, the employer does not have to pay it.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,976

    Default Re: Is an Employment Offer Letter Also a Contract?

    Trust me, you don't want an offer letter to be a contract. If it is, you will never get a raise and never get an increase in the benefits outlined in the letter.

    Either it's a contract or it's not. It isn't just a contract when it benefits you for it to be one and not when it doesn't.

    The state of Texas does not require that vacation time be paid out unless a written policy so states.

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