Employment contract

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Employment contract

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

Answers:

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

Answered 3 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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