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View Full Version : Can employer abide by employee contract now? South Carolina


craftypalm
08-21-2006, 07:04 PM
My husband went to work for a plumbing service company, he created an employee contract stating hourly wage of $25.00 per hour, 1 week vacation, holiday pay, and 2.5% of all gross earnings of the company. The contract also stated that he be supplied a company vehicle and health insurance paid by the company. On his first paycheck his rate of pay was $26.00/ hour. He told one of the partners of the company who is no longer with the company, he said "Don't worry about it. Joe, (the owner) called that amount into the accountant, that's what he is going to pay you!" About a month after my husband left a different company and started to work at the new one (with a contract) the owner stated that he could not afford to get a company vehicle for him that he would have to provide his own. He did that! Health insurance was supposed to be immediate. Never happened! My husband had to go to the hospital $4,500.00 in doctor bills later due to no insurance. The owner said he would help with the bills, never happened. My husband and the complete new construction department of this company was let go on Friday August 18,2006. Today Monday August 21, 2006 we went to the office to get his paycheck and the owner stated he had to go pick it up from the accountant. At 5 PM I went to the office and was talking with the son when a fax came over showing the pay descrepancy of the extra dollar on the hour and that my husband would not be receiving a paycheck. My husband never received a signed copy of the contract (it was never signed).
My husband never received mileage pay for using his own vehicle. They half-a**ed paid him gas.
He worked several hours that he never charged them for.
He had to go to Kentucky for a funeral and was off for a week, they wouldn't even pay him his vacation.
Now all of a sudden they want to go by the contract pay! and they state he owes them money.
Is there anything we can do without a signed copy of the contract?
Any help is greatly appreciated.
Sad in the South!

ElleMD
08-21-2006, 07:31 PM
You are probably going to need to consult with a lawyer on this one. If there was a bonafide contract ( a signature isn't necessarily the make or break determination if a contract exists) then the company would have to abide by its terms. If it isn't in the most recent contract, it doesn't have ot be paid. If his pay was to be $25 an hour, and he was paid $26, then yes, he can be made to pay back the difference.

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