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Message
New Job Changed Schedule on First Day...Any Recourse?
Posted on 8/5/13 at 7:24 pm
Posted on 8/5/13 at 7:24 pm
I just took a new position at a national corp on the logistics side. The offer letter I agreed to and signed stated my schedule would be M-F 1 to 9. Wasnt happy with the hours but wanted to get my foot in with the company.
Show up today and go through orientation with HR. After orientation, I go down to my dept and the manager tells me my schedule will be Wed thru Sun. I was speechless. I wouldn't have accepted their offer or quit my former job if they had told me this. I didn't say anything right then, but my displeasure was evident. I've had more time to mull it over and quite frankly I'm pissed.
Do I have any recourse? I have a signed offer letter that states that my schedule will be M-F. I understand that over time things can change, but this is different. I don't want to come off as a whiny bitch b/c ultimately I will have to stay until I can find something else. What should I do?
Show up today and go through orientation with HR. After orientation, I go down to my dept and the manager tells me my schedule will be Wed thru Sun. I was speechless. I wouldn't have accepted their offer or quit my former job if they had told me this. I didn't say anything right then, but my displeasure was evident. I've had more time to mull it over and quite frankly I'm pissed.
Do I have any recourse? I have a signed offer letter that states that my schedule will be M-F. I understand that over time things can change, but this is different. I don't want to come off as a whiny bitch b/c ultimately I will have to stay until I can find something else. What should I do?
12
Posted on 8/5/13 at 8:04 pm to SirSaintly
Contact their HR or your hiring manager asap and tell them the situation. You do have a signed offer letter which helps but they could tell you to GTFO.
Posted on 8/5/13 at 8:15 pm to SirSaintly
Wow that sucks... I have no advice. Hope it works out 
Posted on 8/5/13 at 8:19 pm to BACONisMEATcandy
quote:
Wow that sucks... I have no advice. Hope it works out
This.
and... start churning.
Posted on 8/5/13 at 8:19 pm to SirSaintly
Is it possible the manager that told you your schedule, didn't look at what is on your offer letter and it is an honest mistake? 
Posted on 8/5/13 at 8:42 pm to SirSaintly
That is awful, please keep us posted. I haven't been in that situation although I am interested in what unfolds.
Posted on 8/5/13 at 8:50 pm to SirSaintly
If it were me I would probaly politely show my boss my offer letter and explain I accepted the offer as it was presented in the letter.
And then I would shut up and let him explain what happened between the time the offer letter was prepared and when I started work. I would avoid letting my anger & disappointment show as much as possible.
If the explanation sounds plausible, I would grin and bear it.
If it doesn't, I would look for another job.
If you don't trust your company that it is good for its word, you will never be happy there.
And then I would shut up and let him explain what happened between the time the offer letter was prepared and when I started work. I would avoid letting my anger & disappointment show as much as possible.
If the explanation sounds plausible, I would grin and bear it.
If it doesn't, I would look for another job.
If you don't trust your company that it is good for its word, you will never be happy there.
Posted on 8/5/13 at 9:23 pm to LSURussian
Oh man would I be angry. That in itself shows you what kind of company you will be working for.
Posted on 8/5/13 at 9:30 pm to SirSaintly
You didn't say anything? Why not?
Posted on 8/6/13 at 6:15 am to SirSaintly
I'd go to the hiring manager and inquire. It could be an honest mistake.
It's also entirely possible that after you were hired they identified another candidate they wanted more than you and switched your schedule hoping that you would quit or moved your schedule to accomodate the other employee. I've worked for such a company before.
I believe LA is a right to work State and under the employment at will statutes I think the employer reserves the right to change schedules that is unless you are a unionized worker at which point things get very messy.
It's also entirely possible that after you were hired they identified another candidate they wanted more than you and switched your schedule hoping that you would quit or moved your schedule to accomodate the other employee. I've worked for such a company before.
I believe LA is a right to work State and under the employment at will statutes I think the employer reserves the right to change schedules that is unless you are a unionized worker at which point things get very messy.
This post was edited on 8/6/13 at 6:19 am
Posted on 8/6/13 at 6:40 am to SirSaintly
That fricking sucks... I'd ask your boss if there was a mixup, because when you agreed to join the company and in the letter you signed it had your schedule as M-F.
If he disagrees, I wouldn't push it, just ask if you two can figure out a work around because that schedule isn't conducive to your lifestyle, but you like the company (bullshite bullshite bullshite)
If all else fails, start doing it and immediately start looking.
Don't piss them off because if you are in a right to work state, they will fire your arse. Although, I think you would have some legal recourse as that is breach of contract. But I don't know how that would play into a right to work situation.
If he disagrees, I wouldn't push it, just ask if you two can figure out a work around because that schedule isn't conducive to your lifestyle, but you like the company (bullshite bullshite bullshite)
If all else fails, start doing it and immediately start looking.
Don't piss them off because if you are in a right to work state, they will fire your arse. Although, I think you would have some legal recourse as that is breach of contract. But I don't know how that would play into a right to work situation.
Posted on 8/6/13 at 6:56 am to SirSaintly
Went through something similar with my wife. After residency she started the interview process. Flew around the country and finally decided on a position in FL. Signed an offer letter and we moved. She showed up and got her actual contract (from HR) and they had changed many of the negotiated items in a way that benefited the company. Needless to say we were upset since she had declined other good offers to take this one based on some of the points they changed. Next step was to lawyer up. After about a month of renegotiating we finally got everything settled but the lost wages for that time period along with the lawyer fees were not fun.
Long story short is that the letter of intent or offer letter means very little and is not binding. The only thing that is binding is the final signed contract.
First link that shows on a google search:
LINK
Long story short is that the letter of intent or offer letter means very little and is not binding. The only thing that is binding is the final signed contract.
First link that shows on a google search:
LINK
Posted on 8/6/13 at 8:03 am to SirSaintly
First job I had out of college, I was told during the interview process I would be working Monday - Friday day shift with occasional Saturdays. I start work, and on day one get told it would be a rotating shift, days one week, second the next, and graveyard the next, plus weekends. I was also told during the interview that after a couple of years I would be able to move out of what I was doing and into something else. Bottom line, I wanted to get experience in different areas of the operation, and I chose to go into the worst side of the operation first, to get it over with.
After two years, they wouldn't let me out (too hard to find someone to replace me) and I was working around 80 hours per week. Bottom line, if they lie to you during the interview process, I wouldn't expect it to get any better. I'd be looking for something else.
After two years, they wouldn't let me out (too hard to find someone to replace me) and I was working around 80 hours per week. Bottom line, if they lie to you during the interview process, I wouldn't expect it to get any better. I'd be looking for something else.
Posted on 8/6/13 at 10:47 am to computerguy
Offer letter is not binding? I just made an offer on a new house. Why does it not bind me if it is accepted?
Posted on 8/6/13 at 11:07 am to matthew25
You don't really want to get your foot in the door of a company if you are already complaining about work days. I'm sure they can find someone more than willing to work the days you don't want to.
Posted on 8/6/13 at 11:10 am to NLabosstiger
quote:
That in itself shows you what kind of company you will be working for.
This.
It's a very bad sign.
Posted on 8/6/13 at 11:12 am to Bubba Bexley
quote:
After two years, they wouldn't let me out (too hard to find someone to replace me) and I was working around 80 hours per week. Bottom line, if they lie to you during the interview process, I wouldn't expect it to get any better. I'd be looking for something else.
I've been in this boat before too. It should give you more leverage when it's time for raises, but that isn't always the case either. Companies lie to their employees all the time.
Posted on 8/6/13 at 2:15 pm to dewster
Offer letter is not binding? I just made an offer on a new house. Why does it not bind me if it is accepted?
---------
I am not a legal analyst but I would assume this is apples and oranges and the laws are different in regards to letters of intent from a company about an open position and a real estate offer.
---------
I am not a legal analyst but I would assume this is apples and oranges and the laws are different in regards to letters of intent from a company about an open position and a real estate offer.
Posted on 8/6/13 at 2:24 pm to SirSaintly
quote:
I will have to stay until I can find something else.
This and quit being a
Posted on 8/6/13 at 3:42 pm to SirSaintly
99% of offer letters are written in a way that is not binding on the company (or you for that matter). It's not actually a contract in almost all situations. Think of it as more of a loose term sheet unfortunately. They can fire you and you can quit before you even start, so they can certainly change the terms of your employment.
However, it is a very shitty and uncommon thing for them to do. It could very well be an honest mistake. I would politely point out that the offer letter stated M-F and have them either correct your schedule (if a mistake) or explain to you why they changed it. In the end they can probably do what they want though.
ETA: One caveat - there are some rare situations where you could argue some sort of promissory and/or equitable estoppel. I have seen cases where a written offer was made which induced someone currenty employed to quit their job and start with a new company (and possibly move, incur expenses, etc). In rare situations you could potential get damages if the new company failed to hire you and you couldn't get your old job back. However damages would be very hard to determine since technically they could fire you the first day with or without cause since you are an at-will employee. You would have a better chance under this theory to recover things like moving expenses, etc. that were a direct result of their offer letter. Lost wages would be hard to recover in even the most egregious situations.
However, it is a very shitty and uncommon thing for them to do. It could very well be an honest mistake. I would politely point out that the offer letter stated M-F and have them either correct your schedule (if a mistake) or explain to you why they changed it. In the end they can probably do what they want though.
ETA: One caveat - there are some rare situations where you could argue some sort of promissory and/or equitable estoppel. I have seen cases where a written offer was made which induced someone currenty employed to quit their job and start with a new company (and possibly move, incur expenses, etc). In rare situations you could potential get damages if the new company failed to hire you and you couldn't get your old job back. However damages would be very hard to determine since technically they could fire you the first day with or without cause since you are an at-will employee. You would have a better chance under this theory to recover things like moving expenses, etc. that were a direct result of their offer letter. Lost wages would be hard to recover in even the most egregious situations.
This post was edited on 8/6/13 at 3:48 pm
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