Altered Terms...

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Hello Everyone -

I recently had an issue arise, and I was curious if anyone else had any similar experiences and how you handled them. Obviously, this is non-union work, so I'm a bit on my own here.

As a bit of a backstory, I'm currently working at a company that's in a bit of a flux. We recently lost the General Manager, and a lot of the duties were folded into other administrative positions, as well as the bringing in of a new Human Resources Manager. So, there have been a lot of recent changes to policies, etc. Most of them have been quite welcome, some not so. Overall, I have had a very positive experience with this particular company and have been back multiple times. However, given the current situation, I've had to make the tough decision to move on at the end of my current term.

Recently I was called to a meeting to discuss the extension of my term of employment with the company, and I was told that my housing agreement, which I had negotiated and was fully executed in writing, was being terminated. This was not only for the potential new employment agreement, but also for the one in which was currently in effect. While I don't object to the change in any way, and honestly fully support the effort, I can't help but object to the way that it is approached and currently being handled.

Under the agreement, housing wasn't provided per se, but I was placed in a residence for which the company held the lease, and I reimbursed them on a monthly basis. This was hugely beneficial for me for a number reasons, not least of which was the agreement they had with the rental company was significantly less expensive that other similar rentals in the market. I had always looked at it as a part of my compensation package as a whole.

Regardless, I understand that there are a lot of headache inducing implications for the company to be a landlord as well as an employer. As all of you regional SM's are probably aware, there are a lot of companies that hold properties for the purpose of housing, and having administrated this in the past, there were times that I would have given almost anything for everyone to have been responsible for their own accommodations, so I understand. However, I was given less than one week in which to attempt to secure my own housing. Which I find somewhat unreasonable. Fortunately, I was able to convince the powers that be to assist, and they have since secured me a better deal with another landlord and for that I am grateful.

The part of the whole process that I do take issue with is the fact that I was never presented with any sort of written notice that the original agreement was being terminated, nor has it been explained to me what the 'tax implications' are that brought about the last minute change to my agreement. My attempts to obtain this information have been met with a mixture of avoidance and anger. They've made it quite clear that they believe that they are being more then accommodating and cannot understand why I would be unreasonable. I understand that it's probably terribly inconvenient to deal with my incessant questions, but if I am suddenly out of a place to live, I cannot be functioning member of their staff.

As of this writing, I have not been provided with the contact information for the new landlord, nor has a viewing been scheduled for the apartment. Nor will anyone speak to me about a B Plan if this were to fall through. In effect, all of my eggs are in a basket that I haven't even seen.

I'm not a lawyer by any means, but I would imagine that I should be entitled to some sort of formal notice, and at least a layman's explanation of why a written agreement is being terminated on next to no notice. I have no problem complying, but at the end of the day, I would have truly appreciated some recognition that a week is a very short amount of time to secure housing. Particularly with no time off to be granted to view properties or contact landlords during their office hours.

Has anyone ever been in a situation like this before? If so, how did you handle? What's done is done, and there really isn't any changing the situation now, but I would appreciate any friendly advice about what the lesson is in all of this...

[planetmike]

Do you have a written contract of any sort regarding the housing? Perhaps something called a "lease?" You might check with your city/state's office of housing to find out what rights you have as a renter regarding eviction, which is what your situation sounds like to me. IANAL. Most people when evicted have 30 or 60 days, it can't be turned around in less than a week without cause (non-payment of rent, illegal activity, etc). Good luck.

[nick_tochelli]

Without seeing your contract and any of the potential fine print contained within, it's impossible to say one way or another what rights you have in regards to your current situation.

But that being said, (and not to sound harsh) if your contract is written with stipulations that allow termination/alteration of the agreement at any time you aren't entitled to any explanation or warning at all. My wife is a teacher at a private school and in the fine print of her contract it states that either party can dissolve their employment agreement at any time for any reason. No notice has to be given, her bosses can look at her one day and say "Nope, sorry. Get out," and they never have to say why. If you've signed a contract with similar stipulations, then you have no real recourse other than hold on for the ride and hope you don't fall off because they can renegotiate/terminate your deal in full or in part at anytime.

If housing wasn't in your contract, and you didn't sign a lease or renters agreement with the company: the best you can try to do is prove you were a legit renter (ie receipts from rent checks, cashed rent checks, or utility bills), and you'll gain some renters rights. But if it's not in writing and there is no money trail, you are up the creek because there's no legal proof you were living there. If you have proof, you at least will have a fall back plan if this other place falls through because most city's renters rights make it hard to kick people who've paid their rent on time out on the street as planetmike said.

I had this problem in my first NYC apartment. The only way I was able to prove I lived there (thus preventing me from being treated as a squatter) was utility bills in my name. I was subletting from a friend thus making my landlord wait until the termination of my friend's lease before she could kick us out because I proved I was legally renting/subletting the place.

If they continue to be evasive about certain important things (like getting you a lease for the new place they negotiated, getting you in contact with this new landlord, your new agreement or proof of termination of the old agreement), you should consider other options like legal council. Lots of times, AM radio stations will air programs that give free legal advice to those in need and all you have to do is call in.

The lesson to be learned: If you don't have a union to protect you, see if you can't get a lawyer to look over your contracts for illegal clauses or conditions, and have them check the fine print (if there is any) to put it into layman's terms for you. And even when you do have a union to protect you, you should always seek council from the union if you are confused by any of the wording or conditions. And under no circumstances accept verbal agreements! Verbal agreements may be binding, but when they come into dispute it's always he said/she said and it's a tough battle to fight. Put everything in writing!