Does an historical trend supersede a contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an historical trend supersede a contract?
I have an ex-employer who paid me 20% more than the contract said I should be paid for several pay periods. After I left the job, my employer chose to pay me at the contractual amount (or 20% less than they had been paying me while I worked there). Does that historical trend of paying me above and beyond the contract supersede the contract and can I sue my employer to collect the additional 20%?
Asked on June 21, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, when there is a written contract, its terms are enforceable. The fact that one party to a contract choose voluntarily to do more than was required does not obligate that party to continue doing so, and at any time it may insist on strict performance of the contract. You should simply count yourself fortunate that at least for some time, you evidently were paid more than you had contractually agreed to accept.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.