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How can I get contractually promised wages?

Question Details:I was let go from a senior level design position on Friday without just cause and without severance pay. I also felt that the company was not a good fit for me, but I still worked as best as I could to do the job I was hired to do in a timely manner. The line I was designing had great success. I understand offering severance pay is not mandatory and was not in my employment contract. Three months into my employment, my salary was cut 15%. I left a very good position to come to this company. I have a signed contract stating my salary. Is there anyway for me to get that 15% back?

Asked 2 years ago under Employment and Labor | 306 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

What exactly does the contract say? If it says that your salary was unequivocally firm--e.g. that it could not be reduced owing to performance; or that that it was firm at all times, instead of just for a trial or probationary period--then you should be able to recover it. Contracts bind both parties, so the company needs to pay you the contracted rate. Just make sure it didn't contain any "loopholes," such as only guaranteeing your salary for a certain period or allowing it to be adjusted based on performance.

Also, make sure it was a true contract, not just an offer letter stating the initial salary. If the latter, then they needed to hire you at the rate, but may quickly make adjustments based on performance or other reasons.

Finally, as long as you're double checking your contract, make sure it doesn't limit the company's ability to terminate you; if it does, you may be able to sue over your firing.

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