Employer rescinds accepted job offer for current employee

[Pyrex]

I'm located in Texas. I've been with my company for 2+ years, and recently I was offered a promotion. During the interview, they originally offered me 42k - which was equivalent to my salary 2 years ago with my overtime and bonuses included. I told them I wasn't willing to take the "promotion" for roughly the same income as I had received at a much lower position. They agreed to pay more, and a few days later, I was called into my HR office and they had an offer for me... however the HR department didn't know I was an employee! (again, this is the 3rd time this happened to me) they were about to have my fill out an application, when I stopped them and again asked if they were aware I already was an employee.. the HR lady (who has a history of incompetence) invited me into her office, and they offered me 46k. She gave me the job letter, I Took him home, read it over - it was pretty clear - gave no specified employment length (they never do) but did specify clearly I would be paid 46k. I returned the letter the next day and made a copy for myself - about a week rolled by - I was given a going away type party from my old department, moved into the new department, all my office was changed over, everything. Then, halfway through my first day at my new position, I get called into my direct managers office and she states HR made a mistake, and the offer should have been 42k, not 46k. The story being that the HR manager I worked with made the job letter without the HR director's permission, and when the Director was required to authorize the salary agreed upon when I started my new position, he decided it was too much. That's a huge difference - and its exactly the amount I already told them I wouldn't take. However, they've put me in a position where if I returned to my previous position, it would reflect negatively on me, and I would certainly probably never get the opportunity again. My company has had a history of shady things like this happen recently. I find this to be absolutely ridiculous. Do I have any legal recourse since texas is an at-will employer?.... the key being I'm already employed by this company, and I had already begun my new position when they changed everything on me. Not to mention, I lost my annual review for my previous position since this happened at the beginning of November. Also, I lost my annual bonus from my previous position because of this. So far, I refused to accept the new salary with my direct manager, also refused to accept with my VP, and tomorrow morning I have a meeting with the HR director to discuss this. I'm so frustrated I'm thinking about telling the HR manager to honor our original agreement, or find someone else to fill both my previous position, and the one he tricked me into - and just leaving the company. I would really like some input on my options.

 

[pattytx]

You can take the document to a local attorney for advice as to whether or not it rose to an enforceable contractual obligation, but I wouldn't be too optimistic. Most of them don't.

 

[BoredAtty]

The offer letter undoubtedly did not create a contractual obligation with regard to future employment. What I mean is, either party (you or your employer) can end the relationship at any time (as you already mentioned you may do). Therefore, there is no employment contract.

Of course, your employer would need to pay you as if you made $46k for the period you worked before being told your salary would be reduced (it sounds like half a day). This is because your pay cannot be retroactively reduced after you do the work.

If I were you I'd be infuriated, so I understand your anger. While the company may not have a legal obligation to honor the higher salary, I would be looking for a new job ASAP if they don't, as I would not want to work for that type of employer. Unfortunately, you probably don't have much legal ground to stand on.

 

[Betty]

I agree - I doubt you have much legal ground to stand on but you certainly can contact an attorney & have them review the document.

 

[jaquin]

They placed your between a rock and a hard place. Tell them you need one week vacation to think about the issue (which they will have to pay at the higher agreed upon rate). Once you make this pay rate a de-facto, then you will be on better grounds.

 

[cbg]

They have no legal obligation to allow a week of vacation at any rate. And if there is no enforceable contract, on what are you basing the statement that it would have to be paid at the higher rate?