Q: Can an employer change an offer letter 1 year after employment?
I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now telling me it is wrong and that i am exempt. They are also saying I am required to be at work 30min before and after my shift but I will not be paid for this. I have been submitting OT in with no issues for a year now. I am in Wisconsin. Do I have any legal action I can take?
Also, to add. I have a relocation clause that I have to stay employed with them for 24months or I have to pay back a prorated fee. Any insight on this would be greatly appreciated.
A: The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term, and if it is binding in terms of status/duties. The entire answer would depend on the ability to bind the company on an Offer Letter in a State that has "at-will" employment. I would urge employee to reach out to an attorney in the State of Wisconsin for further information.
A:
In Wisconsin, as in most states, employment is generally "at will," meaning an employer can change the terms of employment, including job duties and compensation. However, if you have a signed offer letter or employment contract specifying the terms of your employment, this can complicate matters.
Your offer letter stating that you were hired as a "full-time non-exempt" employee with a base salary suggests that you were not initially hired under exempt status. Changing this status to "exempt" after a year of employment, especially without mutual agreement, can be legally questionable, particularly if it affects your compensation and overtime eligibility.
Regarding the requirement to work additional time without pay, this could potentially violate wage and hour laws, especially for a non-exempt employee. Employers are typically required to pay non-exempt employees for all hours worked, including overtime.
The relocation clause in your contract is a separate issue. Such clauses are generally enforceable, but their enforceability can depend on the specific terms and conditions of the contract. If you leave the job before the specified period, you may be obligated to pay back the relocation fees, but this depends on the exact wording of the clause.
Given these complexities, it is advisable to consult with an attorney experienced in employment law. They can review your offer letter, employment contract, and the recent changes made by your employer to assess your legal options. An attorney can also advise on potential claims for unpaid wages and the enforceability of the relocation clause in your situation.
Remember, each case is unique, and legal advice should be tailored to your specific circumstances. An attorney can provide you with the most accurate and relevant guidance based on the details of your employment situation.
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