I have an employment contract which states my payday is the 20th of every month. I recieved an email from the company today stating that they are changing our monthly payday to the 30th.
I have emailed my employer and let them know that I do not agree to this change to my contract and asked to be laid off with a previously promised (in a contract) severance package.
Am I within my rights to do this? Can my employer change details of my employment contract at will? I haven't found any clauses in my contract that allow for this.
Mr. Rempfer, Thank you for the response. I know it is very uncommon these days, but I do in fact have an actual employment 'contract'. My employer uses them to do it's best to enforce a 12 week notice policy. It is noted in the contract that resignation does eliminate any severance package. It is not my intent to resign though, only force the company to terminate my contract 'without cause'. Their is a cause clause in my contract as well defining as what is considered as with or without cause. I guess another question that arises is with the announced, and now official pay date change. What sort of recourse do I have against the company here? The pay date change does represent a significant change for me as all of my expenses are set up around my current paydate and getting paid on the 30th will make nearly all of my bills late every month. Thanks again for the reply.
Employment / Labor Attorney
If you really have a "contract", and not just an employee handbook upon which you're basing your arguments then "no", an employer may not do this. A contract is a document containing mutually binding obligations Your employer obliged itself to pay you on the 20th of each month, not the 30th. Is this a material breach to you? Meaning, does it financially impact you in a negative way? You are receiving the same compensation, I presume. Albeit, at a later time.
As to your rights to a severance, it may be conditioned upon the employer discharging you without cause. Be careful before you ask for a termination because a resignation may disqualify you from a severance package. At least, most well-written employment contracts disqualify resignation from severance.
Consult a lawyer in your jurisdiction to interpet your contract.
2 found this helpful