Employment law help

[sinij]

You wonder why you haven't seen me trolling as of recently? Well now you know, I'm on vacation in Europe. Normally this would be sufficient to keep me away from my home-away-from-home, f13, if not for small problem and I need your help with.

Problem:

My SO re-negotiated contract about 6 months ago, as part of contract 2 additional weeks of vacation was agreed on. 2 hours right before leaving for vacation Boss approached my SO with 'you need to sign this before leaving' paper that has hidden in fine print that 2 weeks are advanced (i.e. now -10 vacation days), not additional. Paper was signed with remark added indicating that details needs to be clarified upon return from vacation.

Aggrivating circumstances - after questioning my SO it turned out that new contract was never signed on paper, agreement was done in person and only 'paper trace' is set of emails that list details and short confirmation in response.

So what is next step? Walking away from job and lawsuits can be an option, but we need action plan for when we get back.

[Lt.Dan]

If it were me I'd have a chat with boss when I got back just to clarify exactly where things stand.  Say something like "finally got a chance to read what I signed as a ran out the door to go on vacation.  Seems inconsistent with our previously agreed contract."

If he confirms his intentions were to get rid of two weeks then push back indicating that original terms were for two additional weeks and see what position he takes.   Mention that you regard the email confirmation as a signed agreement on his part even if not a signed legal document.  Think of some other things you'd like in lieu of extra leave, like money or other benefits.  Try tabling this later on and see how it goes.

[CmdrSlack]

I'd suggest calling a lawyer in your home state as your post is kind of hard to understand.  (i.e. SO?)  The emails MAY be a sufficient modification to your original contract, but it depends on how they're worded and on the original language of your contract.  (There should be a clause that states how modifications are to be handled.)

The ABA has their Martindale-Hubbel lawyer locator, you can likely find one that practices employment law who may at very least give you a free phone consult.  Those internet cafes tend to have good prices on land line connections back to the states, so it shouldn't kick your ass cost-wise to call.

http://www.abanet.org/lawyerlocator/searchlawyer.html

Besides, giving real legal advice on a messageboard is an ethics issue waiting to happen.

[Murgos]

Significant Other?  I'm guessing anyway.

[Bunk]

Yes, thats the standard abreviation for Significant Other.

[CmdrSlack]

Meh. Pre-coffee.

I still suggest finding a lawyer in your state.  It's bad juju for someone like me to give you advice over the interwebs.

[El Gallo]

I highly recommend seeing somebody local.  Non-discrimination, non-union-related employment law issues are very often extremely state-specific. 

[sinij]

Thank you for suggestions, all I'm trying is to get an idea what might happen and what my options can be, not actually ask for legal advice persee.

[Furiously]

I would go into my boss and say, "I think I might have mis-understood our original negotiations, can you please explain to me what you asked me sign in my rush to get out for vacation."

Then when they say they are not giving it, "I feel really betrayed by this, and feel like I am being taken advantage of, why should I not be feeling this way?"

It's amazing what you can tell people when you say, "This is making me feel like...."

[Numtini]

I don't think 2 weeks is really worth going to court over. I'd explain that wasn't the arrangement and see how that shakes out, chances are it won't. Either way, I'd be looking for another job as soon as I got back.