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

UPDATED: Jul 6, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 6, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption