"at will" contract

[parsec]

What is the name of your state? California

My boss is asking me to sign a new employment agreement. It (in part) reads as follows:
" The employment relationship between the "employer" and the "Employee" is At Will and as such can be terminated by either party....

I understand that part. However, the personnel head (a volunteer-- I work at a church) said that it was "illegal" to have any other kind of contract with me. I WAS salaried-- but they changed me to "full-time, hourly, non exempt".

With that classification (full time, hourly, non exempt) do I HAVE to be At Will or can I have another type of contract? My contract now reads that they can "modify or terminate {my benefits- health, leave, vacation}any or all of these benefits at any time with or without notice."

My basic question is, could they have a different type of contract with me (such as, employer must give 2 weeks notice.. of letting go or terminating benefits?)

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[pattytx]

An employment agreement is not a contract. 99.9999% of employees do not have contracts, which have specific legal ramifications. If you really think this is a contract (which I doubt it is), then you need to have an attorney review it. All those things you mention, such as benefits, notice period, etc. are normal issues that are normally addressed in an employee handbook.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

My boss is asking me to sign a new employment agreement. It (in part) reads as follows:
" The employment relationship between the "employer" and the "Employee" is At Will and as such can be terminated by either party....

I understand that part. However, the personnel head (a volunteer-- I work at a church) said that it was "illegal" to have any other kind of contract with me. I WAS salaried-- but they changed me to "full-time, hourly, non exempt".

With that classification (full time, hourly, non exempt) do I HAVE to be At Will or can I have another type of contract? My contract now reads that they can "modify or terminate {my benefits- health, leave, vacation}any or all of these benefits at any time with or without notice."

My basic question is, could they have a different type of contract with me (such as, employer must give 2 weeks notice.. of letting go or terminating benefits?)

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My response:

I would quit if I were you.

Your "basic question" is misplaced. Your question should be, "What the hell are they doing to me with this condition: "they can "modify or terminate {my benefits- health, leave, vacation}any or all of these benefits at any time with or without notice."?

Think about it. You're just about ready to go on vacation. Your tickets are purchased, and all travel arrangements are made. You tell them, "See you in a week". They say, "Whoa, pally. You're not going anywhere. All vacations have been cancelled. We didn't have to give you any notice. Now, sit back down, and get to work."

IAAL

 

[parsec]

I wish it was as easy as "I quit"... I have "been there" with this job more than once. My husband is out of work and I am the only income.

What I need to know is, is a "contract" limited to only one category of job-- salaried? Are all people that are non contract "at will" employees? Do all "at will" employees have that end of benefits thing?

Seems like something is not right. I know I could do better and will start looking.
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[parsec]

An employment agreement is not a contract. 99.9999% of employees do not have contracts, which have specific legal ramifications. If you really think this is a contract (which I doubt it is), then you need to have an attorney review it. All those things you mention, such as benefits, notice period, etc. are normal issues that are normally addressed in an employee handbook.

I know it is not a contract. I HAD a contract. At the bottom of this one, it says, "All previous and contemporaneous agreements, promises, or negotiations are superceded and cancelled by this agreement."
"They" (new boss) says "we have to comply with the law" and that there will not be another contract (he said it was "illegal"), I am now "at will"... I need to know if that is true, that it is "illegal".
yeah, I need to look for another job.
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[cbg]

Your personnel head needs to have their head examined. I can't figure out if she's saying it's illegal to have a contract, or to have a contract over and above what you already have (which BTW is most likely not a genuine contract) but in either case she's wrong.

However, Patty is correct that the large majority of employees do not have contracts. You cannot force your employer to enter into a contract with you.
In addition, regardless of the employment agreement, you are an at-will employee UNLESS you have a bona fide, binding, enforceable contract that says you aren't. What's more, your employer can modify all your benefits UNLESS there is a bona fide, binding contract that says they can't. Most employees work under the same conditions you are describing as your "contract" says you do. This is by no means unusual.

 

[parsec]

I guess I need my head examined too, lol, for thinking that what I had was a contract. I plead ignorance! I was a stay at home mom for years-- and the last job I had was for a tiny church that didn't do contracts, and I knew I could be let go, but wouldn't be. THIS church-- I had a piece of paper that says "contract" but it really isn't. You can be sure I'm doing my homework now.
Most of the church employees are under contract. The office employees, which keep the church running and do all the grunt work, are not. Go figure.

Shoulda gone for my BA.