When should I receive my contract of employment?

Employment contract legalese

  • What would my salary be, based on the language below? I am wondering if I grossly misinterpreted my contract and am earning much less than I thought I'd be. If so, is it possible to renegotiate, a month or so into the job? I've changed the numbers for clarity: Your starting part-time salary (exempt) will be $1,000 bi-weekly ($24,000 annualized) [emphasis not mine] paid in accordance with our payroll process. This amount is based on a 32-hour week schedule (.8 FTE). You are advised that all salary and benefits are based on full-time employment and may be prorated if your hours should be reduced for any reason. Does this mean I should earn $1,000 bi-weekly, or $800? It reads to me that I should receive $1,000, as it states the bi-weekly/annualized rate is based on a 32 hour week (or .8 FTE) schedule. However, I'm only receiving $800 biweekly, and wondering if I grossly misinterpreted my contract. YANML, but if I did misinterpret the contract, this seems like a very tricky way of stating one's salary in a job offer. I'm consequently wondering whether anyone finds this wording dubious, and if it's possible to renegotiate a month or so into the job.

  • Answer:

    Just to expand on my previous comment -- your question talks about misinterpreting the contract (your followup sounds like it's actually just an offer letter?) and renegotiating. But you should change your mindset -- instead of "did I get this wrong? Can I get them to bring up my salary?" you should be thinking, "My salary should be $1000. They need to honor their commitment." First, just politely inform payroll that you're supposed to be getting $1000, but you're getting $800, and ask if there is an explanation for that. If the answer is something like others have suggested above, involving withholding or something, OK. But if the answer is, "No, your salary is $800," then you should go to your manager and/or HR and say, "My offer letter clearly states that my PART TIME salary is $1,000, but payroll is telling me $800." And if they say, "No no, it says it's BASED on a full time salary," you politely tell them that in the sentence immediately preceding that, it says it's based on a PART time schedule. By the way, assuming you are in the USA, there is a legal concept that any ambiguity in a contract is construed against the drafter. So if you write a crappy or deliberately ambiguous contract, you're responsible for the ambiguity and the other person gets the benefit of the doubt. Their crappy or deliberately ambiguous salary language is NOT your responsibility. (Also, it's always good to orally confirm important things like title, salary, and number of vacation days before starting the job.)

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The year has 52 weeks so $1000 bi-weekly should be $26k not $24K. I find that confusing right there. I'd suggest you sit down with payroll or HR, find out exactly how your salary is calculated. Then if you feel you were confused or misled you can certainly discuss.

mono blanco

As I read it, you should be making $1,000.00 biweekly if you're working a 32 hour work week. I would go to whoever does payroll with that contract and ask if there's a mistake on your paycheck (you are accounting for deductions for taxes, etc, right?).

amro

IAAL and I agree that I would read this as, your PART TIME salary is $1000 bi-weekly, i.e., $500/week, and that is based on your working 80% time. If you worked full-time I would expect that you would earn the additional 20% on top of that. Don't present this as renegotiating, just say you've noticed a discrepancy between your contract and the amount you're receiving.

chickenmagazine

our starting part-time salary (exempt) will be $1,000 bi-weekly ($24,000 annualized) The "part time" in this sentence leads me to believe that your salary will be 24k. The rest sounds like boilerplate that should have been edited for greater clarity, because yeah, it's a bit confusing. This is totally something you can call and ask about though. I've done that in the past and nobody shot me out of a cannon or anything.

Pogo_Fuzzybutt

Sorry to threadsit, but mono blanco, you are correct: the job offer states $26k. Misfigured that when I was changing the numbers for the post. (This misfacility with figures being another reason I'm asking for second opinions here!) Also, yes, it is not withholding that is being taken out, as I am receiving exactly 80% of the base pay ($800, say) and then having taxes, etc. taken out from that figure.

stillmoving

Ugh, that wording is so awful. One thing I haven't seen mentioned yet is this sentence: "You are advised that all salary and benefits are based on full-time employment and may be prorated if your hours should be reduced for any reason." Your hours were never reduced; they are at their starting level, and as the letter states, "your starting part-time salary (exempt) will be $1,000." I have a bad feeling that the misleading wording is deliberate and that the company will resist settling the misunderstanding in your favor. I think pushing against this is important, but I'd be prepared for the conversation to be frustrating, emotionally exhausting, and chalk full of reasons why they're so sorry but they can't raise it to $1,000 because of some mysteriously immutable policy. Good luck!

kprincehouse

IANA lawyer or an HR person, but I think the first sentence is pretty definitive even though the rest is confusing. You'll make $1000 biweekly, which apparently is 80% of what a full-timer gets.

threeants

Tax withholding was my first thought, too. Whether 20% withholding is a surprising amount or not depends on your state and what the actual contract numbers are (since you say you changed them for clarity in this question), but it's not wildly out of line with my experience. If your withholding did get messed up somehow, you can file a new W-4 with your employer to fix it.

dorque

Sometimes there are also other items deducted aside from tax withholding, too. Make sure you go through the paycheck line by line to see what's being withheld and for what - I'm assuming you're getting $800 into your bank account or on a check? They could also be deducting for retirement accounts, HSA or FSA accounts, or other things, like where I work they also deduct parking fees before the paycheck comes to me.

treehorn+bunny

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