UPDATED: Sep 30, 2022
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I have a signed employment contract from a previous employer stating my salary was to be 33k an hour rather than 33k a year. Now this to me is an obvious misprint, but since it is signed by my employer would I have an legal rights to those funds?
Asked on July 18, 2017 under Employment Labor Law, North Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When there is a mistake in a contract and one party knows or should have known of the mistake, that party cannot enforce the mistaken term against the other party.
Since you knew of the mistake, you would not be able to claim the pay rate was $33,000 per hour and your employer would have a defense to enforcement of the contract at that pay rate. Therefore, you would not have a claim to those funds.
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