How to get all that my wife is owed now that she i leaing her job?

UPDATED: Oct 1, 2022

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How to get all that my wife is owed now that she i leaing her job?

My wife works at private school in administration. She has a salary and was given the option to be payed over a 12 month period in instead of 10 months. They are not asking her back for next year and the last day of school is her last day of employment. Her employer is saying she will only be paid for 181 days vs 210 days. If she chose to get paid for the 10 month instead of 12, she would have been paid in full but now they are shorting us 2 months salary. Is that legal?

Asked on April 30, 2019 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal: they agreed to pay her a certain salary--a certain total amount of money--and they must pay that total amount. The timing of when it was to be paid (e.g. 10 vs. 12 months() is irrelevant to the obligation to pay the full, agreed upon salary. So if she has worked the whole school year, she must be paid for the whole school year. If they do not pay her, she can sue them for the money for "breach of contract"--for violating the agreement between them and your wife that she would be paid a certain amount for the school year.

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