3 ms·

You're missing the point. Not all of us work at your company, and yours could discontinue that benefit anytime.

magduf 8y ago
They could, but a lawsuit against them would be an easy slam-dunk. When a company signs an employment contract with you, they're bound by the terms of that contract, until both parties agree to amend it. They can't just discontinue some benefit at any time without subjecting themselves to a possible lawsuit.
- astura 8y ago
  This isn't how it works in the United States. Assuming benefits are actually written in a contract (and they aren't, not that I've seen anyways), if you're "at will" then they can terminate you for not signing a new employment contract with the new benefits when they feel like changing the benefits. Therefore, in practice, they have complete unilateral control over benefits. But they aren't going to write your benefits in a binding contract, because that's just not standard practice and there's no upside for them to do so and just creates more paperwork. When unions are involved, however, there's real contracts. However, unions are very uncommon in the US.
  - magduf 8y ago
    What are you talking about? Yes, in "at will" states (which is 49 of them), they can fire you if you refuse to accept the new contract. However, this does not mean they can just ignore the old one: they still have to follow its terms, and if that means paying out your PTO when they fire you, that's what they have to do, or else you have a slam-dunk case for unlawful dismissal. Of course, this means you're getting your PTO paid out while simultaneously being laid off, but I never said the situation was perfect, just that they can't arbitrarily ignore their own employment contract. >But they aren't going to write your benefits in a binding contract, because that's just not standard practice Every professional job I can remember absolutely did come with written policies about things like vacation and PTO, and this stuff was written right into the offer letter. The offer letter is absolutely legally binding. I honestly have no idea what you're talking about.
    - astura 8y ago
      Every job I've ever had the only thing I've ever signed was a letter saying my starting salary, I'm full time, and I'm at will, that's it. Nothing like "we agree on five weeks PTO a year accrued weekly and a 401(k) plan administrated by Vanguard with X,Y,Z investment options and a 6% match and a health insurance plan offered by Blue Cross Blue Shield with a $300/month premium" or whatever. Everything's really short and generic and leaves room for the company to come up with all the policies and dictate everything. I happen to have a job acceptance letter sitting on my desk right now. Reading through it, as far as benefits it says that the position is eligible for benefits, gives the benefits in very, very generic terms "PTO, retirement, health, dental" and they are "subject to terms conditions and limitations outlined in the plan documents and policies." Well "plan documents and policies" are under complete control of the employer, so the translation is "we decide the benefits and dictate them to you."
    - kaitai 8y ago
      You have very unusual experiences. Employment contracts are very rare in the US. Offer letters are not contracts. Under certain situations they may be construed as contracts, but most companies go to great lengths to avoid this situation. See https://corporate.findlaw.com/human-resources/offer-letters.html https://corporate.findlaw.com/human-resources/offer-letters.... for some guidance on how to avoid writing an offer letter that could be construed as a contract.

They could, but a lawsuit against them would be an easy slam-dunk. When a company signs an employment contract with you, they're bound by the terms of that contract, until both parties agree to amend it. They can't just discontinue some benefit at any time without subjecting themselves to a possible lawsuit.

astura 8y ago
This isn't how it works in the United States. Assuming benefits are actually written in a contract (and they aren't, not that I've seen anyways), if you're "at will" then they can terminate you for not signing a new employment contract with the new benefits when they feel like changing the benefits. Therefore, in practice, they have complete unilateral control over benefits. But they aren't going to write your benefits in a binding contract, because that's just not standard practice and there's no upside for them to do so and just creates more paperwork. When unions are involved, however, there's real contracts. However, unions are very uncommon in the US.
- magduf 8y ago
  What are you talking about? Yes, in "at will" states (which is 49 of them), they can fire you if you refuse to accept the new contract. However, this does not mean they can just ignore the old one: they still have to follow its terms, and if that means paying out your PTO when they fire you, that's what they have to do, or else you have a slam-dunk case for unlawful dismissal. Of course, this means you're getting your PTO paid out while simultaneously being laid off, but I never said the situation was perfect, just that they can't arbitrarily ignore their own employment contract. >But they aren't going to write your benefits in a binding contract, because that's just not standard practice Every professional job I can remember absolutely did come with written policies about things like vacation and PTO, and this stuff was written right into the offer letter. The offer letter is absolutely legally binding. I honestly have no idea what you're talking about.
  - astura 8y ago
    Every job I've ever had the only thing I've ever signed was a letter saying my starting salary, I'm full time, and I'm at will, that's it. Nothing like "we agree on five weeks PTO a year accrued weekly and a 401(k) plan administrated by Vanguard with X,Y,Z investment options and a 6% match and a health insurance plan offered by Blue Cross Blue Shield with a $300/month premium" or whatever. Everything's really short and generic and leaves room for the company to come up with all the policies and dictate everything. I happen to have a job acceptance letter sitting on my desk right now. Reading through it, as far as benefits it says that the position is eligible for benefits, gives the benefits in very, very generic terms "PTO, retirement, health, dental" and they are "subject to terms conditions and limitations outlined in the plan documents and policies." Well "plan documents and policies" are under complete control of the employer, so the translation is "we decide the benefits and dictate them to you."
  - kaitai 8y ago
    You have very unusual experiences. Employment contracts are very rare in the US. Offer letters are not contracts. Under certain situations they may be construed as contracts, but most companies go to great lengths to avoid this situation. See https://corporate.findlaw.com/human-resources/offer-letters.html https://corporate.findlaw.com/human-resources/offer-letters.... for some guidance on how to avoid writing an offer letter that could be construed as a contract.