Does an historical trend supersede a contract?

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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 9 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.


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