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90-day probationary period changed to 180-day after 85 days on job

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  • 90-day probationary period changed to 180-day after 85 days on job

    3 1/2 months ago I was hired to work at a brand new hotel in NYC. I along with every other employee not considered "upper magangement/not at will", was given a policies and procedures book.

    The book clearly states that the new hire/transfer/promotion probation period is to last 90 calendar days. I was told both when being interviewed and while on the job that after successful completion of the 90-day period I would recieve full medical and dental benifits and be given a performance review and a $2 an hr raise.

    3 days before I was to recieve my evaluation I recieved a memo attached to my paycheck from my GM. It stated there was "confusion over the length of the probationary period". That it was infact 180 days.

    Can they do that? Is the manual a contract, and/or are their words binding?
    Is this legal?

    My GM blamed my immiediate supervisor for "giving out the wrong manual". She claims she got his approval. We all feel royaly you know what!

    The new probationary period however does not apply to the managers (they've been enjoying thier perks for months). I was told this is b/c they where hired in December

    Also, many of the housekeeping staff was told they would receive 14 an hr just to learn (after their first week of work) that they would in fact be paid only 11 an hr. Can they fight this legally?

    I know this is long...I'm desparate!

  • #2
    Determining whether the manual rises to the level of a bona fide, enforceable employment contract would require reading the manual. You are free to take it to a local attorney for review, however, very few employee handbooks are deemed to have contract status.

    There are no laws requiring employers to provide benefits at all, so there are no laws that regulate when they can choose to start offering them to employees.

    There's also no law against having different sets of benefits for managers and the rest of the staff.

    Finally, an employer is allowed to adjust a salary downward as long as the salary doesn't fall below the minimum wage. It also cannot do so retroactively.

    This all falls into the category of unfair, but not illegal.
    I am not able to respond to private messages. Thanks!


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