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texan2006
10-05-2006, 08:44 PM
MY former employer recently terminated me when I questioned their change in policy regarding "benefits". The employer in South Texas, agreed in an offer letter only that they would pay my insurance in "full", this included my family. After continuing to object to the change in policy where they would only pay half of my insurance, I was terminated.

Questions
1? Can they terminate me for having a poor atittude towards management?
2? I requested a copy of my employee hand book and offer letter and they told me they had a signed a document claiming I had recieved copies. Since they are a private company are they required to give me a copy of my offer letter and employee handbook?
3?I signed a statement letter of "final payment" at termination regarding final payment that included commissions, however I have no agreement regarding specifics for when commissions where paid, can I file a claim for commissions that where due.( I always recieved commissions on the next payroll after my client invoice payment was recieved?)
4?Finally, upon my termination they gave me a copy of a confidentiality agreement, not a non compete, and told me I could not contact any of my former customers. They claimed I would be subject to potential legal action if I had any former company information at my home or contacted my former clients. Is this correct?

Thanks for the help.

robb71
10-06-2006, 04:02 AM
1. Short answer is yes. Generally employment is "at will". This means that you can be terminated for any or no reason and that you can quit for any or no reason.
2. Personnel file access for TX employers has only been defined for public employers not private ones. Typically an employer will permit you to review your file with a member of HR present. You do NOT have a right to request a copy. However you could have made a copy before returning the offer letter.
3. Commission payments are often outlined in plan documents. This document should outline the payment schedule and when commissions are deemed as "earned". Most likely this document also outlines commission payments at termination. If no such document exists, you MAY have difficultly collecting on unpaid commissions.
4. This sounds like a standard agreement for sales reps. Most likely the same is covered in your employee handbook. OR you may have signed something of hire stating the same intent. What are the repercussions should you deny signing now?

ScottB
10-06-2006, 06:17 AM
Just how long had you worked for the company before the change in insurance benefits took place?

The sky rocketing costs of healthcare make it impossible for companies to provide an indefinite guarantee of such benefits. Today, they might be able to pay for 100% of employee coverage and 80% of family, but, tomorrow, they could find out that the premiums are going up 20%.

At that point, a company must make some hard choices, which could include dropping coverage completely.

Unless your offer letter stated one thing and, upon reporting to work on Day One, you found out it was quite another, the company did nothing wrong. You don't have to be happy about the situation, though.

texan2006
10-07-2006, 07:00 AM
What are the repercussions should you deny signing now?[/QUOTE]

I signed this agreement after being hired. So does this mean I can not contact any of my former clients?

Just how long had you worked for the company before the change in insurance benefits took place?

Two years.

turbowray
10-07-2006, 07:12 AM
What are the repercussions should you deny signing now?

I signed this agreement after being hired. So does this mean I can not contact any of my former clients?

Just how long had you worked for the company before the change in insurance benefits took place?

Two years.[/QUOTE]

I may be wrong, but if you signed it, wether it was before or after you started working, you may still be held liable if you go against it. If I am wrong, someone will let me know.

ScottB
10-07-2006, 09:48 AM
What are the repercussions should you deny signing now?

I signed this agreement after being hired. So does this mean I can not contact any of my former clients?

Just how long had you worked for the company before the change in insurance benefits took place?

Two years.[/QUOTE]

The first question was asked by robb, but it looks to me more like a non-compete agreement than a confidentiality one. Either way, if you agreed not to contact former clients, DON'T do it, unless you have some attorney willing to back you. Get an attorney to review what you signed and tell you what you can and cannot do or how enforceable the agreement is.

The second question was mine. My previous comments about employers being able to change benefits plans stands. You don't have to like what they do, but they cannot gaurantee the same level of benefits indefinitely, particularly when it comes to medical insurance.

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