Employment Lawyers for Louisville, Kentucky

I'm sorry to hear about this proposed change. Whether or not your employer can make such changes unilaterally depends almost entirely on how your contract is written. For example, if your contract clearly states that you are an "at will" employee, your employer can not only make whatever changes it wants, but can also discipline you or terminate you with no reason at all and only a one second advance notice. If it's not an "at will" contract, there may be a paragraph or two that addresses amendments to the agreement - eg, some such contracts may say that an employer can make changes with two weeks advance written notice; another may say that changes will be negotiated in advance between employer and employee. You may want to have an employment attorney, such as myself, review your contract as well as any recent correspondence you may have received from your employer. You may also want to try to very quietly try to find out whether or not other employees are possibly in the same boat as you - it's possible that the employer is cutting back on some benefits to save money, rather than laying off or terminating some or all of their employees. Good luck to you - and if you'd like to reach out to me, you can find me through ContractsCounsel.com or on WSBA.org Please be aware that the above information is provided for educational purposes only, and no attorney/client relationship has been formed Merry A. Kogut WSBA #16153

I would be happy to help review your offer, but, no, there are no legal requirements in employment or contract law that an employer or you must keep the terms of an offer confidential, or that the contract include any requirement that you keep anything at the company confidential. So, in theory at least, if I offered you a job at $100K/year, I could publish a full-page newspaper ad with all the terms of the contract I offered to you spelled out in the ad. (Now, you may be able to argue an invasion of privacy, but, as to the example I gave you, standing alone, I don't think you would win).

According to the National Labor Relations Board, Employee Handbooks are not confidential. According to the NLRB, policies that treat Employees Handbooks confidential precludes employees from discussing working conditions, pay and benefits with unions or third parties; this is a violation of Section 7 of the National Labor Relations Act.

The short answer is that they probably can. Colorado is an at-will employment state, meaning your employer can generally change the terms of your employment, including your termination date, at any time and for any lawful reason. Since the agreement is marked "draft" and hasn't been signed by either party, there is no binding contract locking in that May end date. That said, this is the general rule. If you have an employment agreement, offer letter, or other written documentation that guarantees a specific termination date or notice period, that could change the analysis. You would want to review any such documents carefully to confirm whether your employer has already committed to specific terms. There are also some important protections worth knowing about in this context: If you are 40 years of age or older and the severance agreement asks you to waive age discrimination claims under the Age Discrimination in Employment Act (ADEA), your employer must comply with the Older Workers Benefit Protection Act (OWBPA). Among other things, the OWBPA requires that you be given at least 21 days to review and consider the agreement before signing, or 45 days if you are being terminated as part of a group layoff or reduction in force. You also get a 7-day revocation period after signing during which you can change your mind. Here is the part that may relate to your question: if your employer makes a material change to the agreement, such as moving up your termination date, the review period starts over. So even if you have been sitting with the draft for a couple of weeks, a revised version with a new termination date would likely give you a fresh 21 or 45 day window to consider the updated terms. ***This response is for general information purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney.***

When drafting an independent contractor agreement, including terms to evaluate the contractor's performance is essential for ensuring quality and accountability. It's important to ensure that these terms are clear, achievable, and fair. Both parties should agree upon these terms before work commences. It's often advisable to consult with a legal professional to ensure that the agreement is legally sound and aligns with both parties' interests. Performance Standards: Define clear, measurable standards for the work. Milestones and Deadlines: Establish specific project milestones and deadlines. Regular Reviews: Schedule periodic reviews for progress checks and feedback. Quality Requirements: Specify quality standards and industry regulations to be met. Communication: Outline expectations for responsiveness and communication frequency. Reporting: Require regular progress reports from the contractor. Performance Metrics: Include specific metrics for evaluating work quality, efficiency, and cost management. Amendment for Improvement: Allow agreement modification for performance improvement plans. Termination for Unsatisfactory Performance: Define conditions for contract termination due to poor performance. Evaluation Methodology: Describe how and by whom the contractor’s performance will be evaluated. Dispute Resolution: Provide a process for resolving performance-related disputes. Confidentiality: Emphasize the importance of confidentiality in project details and evaluations.