I posted this in Wage and Salaries as I am unsure where to post this. Any help would be greatly appreciated!
I have been at a job since May of 2012. I made an hourly wage and was paid accordingly. In the month of November, my employer approached me with the idea of switching to a salary (bi-weekly) compensation which would begin January 1, 2013. We discussed the topic and my employer created a contract, in which states that I will be compensated X amount monthly, to be split and paid out on the 1st and 15th of every month starting January 1, 2013. We both read over the contract and both signed it.
On December 31, 2012, I was written a check for X amount (the amount agreed) and it was dated for the 1st of January. I deposited the check on January 2nd. On January 3rd, my employer told me I would not be receiving another check until February 1st. I was confused, and asked her to explain. She stated that she had prepaid me for the 15th, and therefore I would not receive another check until Feb 1st. I explained to her that I did not understand, since the contract states I would be paid on the 1st and 15th of every month, starting January 1st. She continued to argue with me. I informed her that if she could not stick to the contract we signed, I would have to make my last day January 15th, working off what she paid me until then. She immediately fired me on the spot and told me to send her check back. I said I already deposited it since it was now the 3rd of January.
She is trying to get the money back, but since she fired me, and broke the contract (by not wanting to pay me until the 1st of February, when the agreement - in the contract - states I should be paid on the 1st AND 15th of each month starting 1/1/13), am I legally obligated to send her back anything at all? I tried to do the right thing and stick to the contract and said if she could not do the same I would have to look for work elsewhere. Without considering my concerns, or offer to give her a two-week notice, she fired me.
I have proof of me saying these things and her firing me (in text). I am not sure what to do, and cannot afford an attorney. I have consulted some friends and family members, who are telling me I AM entitled to the money, since she fired me, BUT to make myself feel better, as I want to do the right thing, I need some legal advice somehow. Please, if anyone can help me out, it would be greatly appreciated! Thank you in advance!
I have been at a job since May of 2012. I made an hourly wage and was paid accordingly. In the month of November, my employer approached me with the idea of switching to a salary (bi-weekly) compensation which would begin January 1, 2013. We discussed the topic and my employer created a contract, in which states that I will be compensated X amount monthly, to be split and paid out on the 1st and 15th of every month starting January 1, 2013. We both read over the contract and both signed it.
On December 31, 2012, I was written a check for X amount (the amount agreed) and it was dated for the 1st of January. I deposited the check on January 2nd. On January 3rd, my employer told me I would not be receiving another check until February 1st. I was confused, and asked her to explain. She stated that she had prepaid me for the 15th, and therefore I would not receive another check until Feb 1st. I explained to her that I did not understand, since the contract states I would be paid on the 1st and 15th of every month, starting January 1st. She continued to argue with me. I informed her that if she could not stick to the contract we signed, I would have to make my last day January 15th, working off what she paid me until then. She immediately fired me on the spot and told me to send her check back. I said I already deposited it since it was now the 3rd of January.
She is trying to get the money back, but since she fired me, and broke the contract (by not wanting to pay me until the 1st of February, when the agreement - in the contract - states I should be paid on the 1st AND 15th of each month starting 1/1/13), am I legally obligated to send her back anything at all? I tried to do the right thing and stick to the contract and said if she could not do the same I would have to look for work elsewhere. Without considering my concerns, or offer to give her a two-week notice, she fired me.
I have proof of me saying these things and her firing me (in text). I am not sure what to do, and cannot afford an attorney. I have consulted some friends and family members, who are telling me I AM entitled to the money, since she fired me, BUT to make myself feel better, as I want to do the right thing, I need some legal advice somehow. Please, if anyone can help me out, it would be greatly appreciated! Thank you in advance!
