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broken employment contract

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M

mtmason

Guest
I have been working for my employer for eight months. At the initial interview I was promised a sum of money. I accepted the position, and began working for the company. For the first two weeks my employer did not have a contract ready for me to sign, and I began working on only verbal terms. After three weeks, my employer finally gave me a written contract and it portrayed nothing that was agreed to during the interview. Settling for the lower hourly wage, I continued to work for the company because I had already quit my last position. When I received my first paycheck, and from that time forward, my paychecks did not represent the written contract. I am receiving a salary that is even lower that the promised contractual amount. When I spoke with my employer about the discrepancy he simply stated that if I wanted more money, then he would need to add more duties to my contract. I could probably go to small clam’s court and get the money that is owed to me, but I want to know if I can seek discipline for my employer. I am aware of two other girls in my office that have quit this particular company for the very same reasons.

Am I wasting my time?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mtmason:
I have been working for my employer for eight months. At the initial interview I was promised a sum of money. I accepted the position, and began working for the company. For the first two weeks my employer did not have a contract ready for me to sign, and I began working on only verbal terms. After three weeks, my employer finally gave me a written contract and it portrayed nothing that was agreed to during the interview. Settling for the lower hourly wage, I continued to work for the company because I had already quit my last position. When I received my first paycheck, and from that time forward, my paychecks did not represent the written contract. I am receiving a salary that is even lower that the promised contractual amount. When I spoke with my employer about the discrepancy he simply stated that if I wanted more money, then he would need to add more duties to my contract. I could probably go to small clam’s court and get the money that is owed to me, but I want to know if I can seek discipline for my employer. I am aware of two other girls in my office that have quit this particular company for the very same reasons.

Am I wasting my time?
<HR></BLOCKQUOTE>

My response:

It's now time to teach Mr. Employer a lesson. In every contract, there is an implied covenant of good-faith and fair dealing. You need to see an employment attorney for causes of action, just to name a few, concerning: 1. Breach of Contract; 2. Contractual Bad Faith; and 3. Bad Faith Denial of Contract. Your damages are "actual" damages - the difference in your actual pay versus the contract amount, and punitive damages. In other words, you don't make a contact, only to ignore it; and / or make a contract, only to change the conditions during the term of the contract, without mutual assent. He also must be taught a lesson that he cannot say, "I'll pay you more, but I have to give you more duties." There's no consideration for the "more duties" because you and he have already agreed upon a sum certain for your current duties. You know, the more I write about this, the more incensed I'm becoming. Please keep us informed of your attorney/client consultation, and any actions you and your attorney are going to take. I would really like to keep tabs on this one.

Thanks for writing, and . . .

Go get 'em !!

IAAL



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