Are my company in beach of my contract

I have working my role for 18 months and
shave now handed in my notice and am still
working in my notice period.
I re read over my contract and under overtime
it says any time after 40 hours should be paid.
I brought this up and since then they have
come back to me saying the contract was
written in error and they have printed the wrong
contract, this was not picked up before it was
signed by the company and there for wont be
paying the overtime. Are they in breach of the
contract?

Asked on June 24, 2018 under Employment Labor Law, Idaho

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You should have a right to the overtime not paid you. The terms of the contract will prevail. The fact is that you employer drafted and the signed it; the mistake should not affect your rights since you signed in good faith.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Failure to pay overtime pursuant to the terms of the contract constitutes breach of contract.
Since you had no reason to know of the mistake and the other party knew of the mistake, the contract is enforced on your terms because you are the innocent party. The contract is enforced against the mistaken party (your employer).
Therefore, you can sue your employer for breach of contract.


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