If you work more days than your contract specifies is your employer obligated to pay you for those additional days?

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If you work more days than your contract specifies is your employer obligated to pay you for those additional days?

I am a school nurse. My contract, I was told, was for 10 months, which I have worked for the past several years. In actuality my contract was for 9 months (listed in terms of days). I did not catch the mistake. The school board is refusing to pay me for the extra month I worked each year because I signed the contract. Over the years that I have worked there no one has ever pointed out that I was not a ten month employee, and have always insisted that I work to the last day of the ten month employees schedules. The mistake was caught this year by my new principal.

Asked on July 6, 2011 under Employment Labor Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please take your contract to an employment attorney to review on your behalf.  What I would like to know is if there are provisions within the contract itself for days over the allotted ones that you were to work, whether or not they are lumped together as 9 months or 10 months.  If you are to be paid x amount of money over for days and above those days then I would say that you have a case.  And there may be other portions of the contract that work in your favor.  But I would without a doubt try and collect for the time that you worked.  It could be tied in to many things and not just salary (retirement, etc.).  Good luck.


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