What to do if my partner and I are being paid considerably less than the salary owed to us per our contract?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my partner and I are being paid considerably less than the salary owed to us per our contract?

I’m employed with my partner at a certain company. Our situation is unique; in our contract, signed by both us and the owners of the company, we are supposed to be paid X amount of dollars per month (a salary more or less). Instead, we are being paid an hourly wage, making far less than we should per our contract. We have been given no explanation regarding this lower rate of pay, and though we have asked about it, our questions have been dodged. Do we have grounds for a lawsuit?

Asked on June 8, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have an enforceable contract, and you are honoring your obligations under it, you must be paid as per the contract--there should not be any legal grounds for paying you less. You could sue to enforce the contract, and recover the difference between what you were paid and what you should have been paid. The first thing to do is to bring the contract to an attorney and discuss with him/her the circumstances under which it was signed and of your employment, to make sure that it is in fact an enforceable contract.


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 with SHA-256 Encryption