Changes in Benefits Package Are Allowed in Some Cases

Q I have been working for a major regional employer for several months. The interviewer and all supervisory personnel I spoke with during the interview process told me that the position was salaried.

A manager in the personnel department told me that the benefits associated with the position included options to purchase group disability insurance and major medical insurance, in addition to the basic benefits package. I did not get these particular offers from the company in writing, although they are documented in my interview notes. I do have a letter from the company with the offered salary in writing.

When I started work with this company, I was given a brochure describing the benefits package in detail, and the benefits were consistent with those described when I interviewed with the company.

Now, at a meeting with a personnel representative, I have been told that my salary has been cut, that I am an hourly employee, not salaried, and I have lost most of my benefits. Life insurance was cut from approximately $125,000, which was paid by the employer, to $6,000. I no longer have options even to purchase group major medical or disability coverage through the company.

One of my direct supervisors apparently has tried to recover the benefits that were promised, including going to the director of the facility. But he was unsuccessful. Do I have any legal recourse in this matter?

--R.L., Anaheim

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A You may have a claim for breach of your employment contract, but there are several issues to be resolved before any lawsuit may be filed.

Employers can change compensation packages if they provide adequate notice. This is also true when there is a written agreement, so long as the contract is not for a specific number of years. For example, professional athletes and top executives have contracts that establish their guaranteed salary for a term of years. Most of us do not have such agreements.

Generally, there are good reasons for an employer to reduce an employee’s wages or benefits. First, the employee may not be performing the job adequately and the reduction is a form of punishment. Second, the employer may decide that the position does not warrant the previously agreed upon wage. Third, business circumstances may have arisen in which there is a need to reduce wages. Fourth, benefits may have become too costly.

Thus, while the written and oral agreements are promises that are enforceable, there may be sufficient reasons that permit the employer to change the agreement.

--William H. Hackel III

Employment law attorney

San Clemente

Firm May Have ‘Payback’ Policy

Q My company agreed to pay for college extension classes in supervisor development. Over a period of about three years, I completed the program.

I appreciate that the company paid for these classes, but it has done nothing for me here. The company has not offered to increase my salary commensurate with my additional education, nor has it offered to promote me to a supervisory position since I completed the program several months ago.

With new skills, experience, and now education, I think that I am more marketable and would like to look outside the company for another job. If I get another, better-paying job, should I repay my present employer for the extension classes upon leaving the company?

--P.H., Azusa

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A You need to determine whether your company has any sort of “payback” policy. In other words, did you sign any sort of agreement that required you to remain working with the company for some period of time or pay back the fees for the courses?

Talk to someone in human resources if you are unsure of the answer. If there is no such agreement, you can explore positions elsewhere.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Too Few Toilets for Teachers

Q I am a teacher working at an elementary school originally designed for about 500 students and 18 teachers. With local growth and the first- and second-grade downsizing, we now have 31 teachers on staff. We also have support staff to go with our growing student population.

Are there any legal requirements for the number of bathrooms or for staff lounge size?

The federal government forced the remodeling of our adult bathrooms a couple of years ago to be accessible to the handicapped. Now, instead of two bathrooms with two toilets each, we have two toilets total. This may seem like a laughable issue to people in other professions, but a teacher is with a class at all times except recess and lunch break.

--K.D., Canyon Country

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A The California Department of Education has guidelines for the number of toilets that should be available for all employees on a school campus: One toilet for up to 15 adults, two for 16 to 35 adults, three for 36 to 55 employees. If there are more than more than 55 employees, one toilet is required for every additional 40 employees.

The state does not require school districts to provide a teacher lounge, although individual districts may be required to provide these facilities as part of a union contract. There also are no requirements for the size of the teacher lounge.

The state education office provides for no specific enforcement of these guidelines. It is up to the individual school boards to see that these requirements are met.

A staff member at the Los Angeles Board of Education recommended that you first complain to your cluster administrator or the facility’s maintenance administrator. You also may wish to complain to your school district’s board of education or file a grievance with your union.

Your employer can’t legally retaliate against you for bringing up this health issue. After all your efforts, however, we hope they just don’t bring in the portables.

--Don D. Sessions

Employee rights attorney

Mission Viejo