Legal Question in Employment Law in California

Can payment agreement in a work-contract - be modified retrospectively?

(I was hired to teach 6 weekends this year for a fixed amount of money based on the number of students in my class. The students signed "no refund" agreement for the year. Under threat of a lawsuit, the school chose to release 1 student from his contract. Now the school has reduce my pay retrospectively, from the time of that student's departure, thereby claim to have overpaid me, and refuse to pay me for the last weekend).

Is it legal?


Asked on 5/25/10, 1:00 pm

1 Answer from Attorneys
Aryeh Leichter Leichter Law Firm, APC

Was there an understanding between you and the employer that the "no refund" agreement would be enforced by the employer? Did the employer lead you to believe, either explicitly or implicitly, that the "no refund" agreement would be enforced? Did the employer have reason to believe that you believed the "no refund" agreement would be enforced? If so, you might have a claim for breach of contract or promissory estoppel. However, if the "no refund" agreements between the employer and the students were entirely separate from the agreement between you and the employer, I would think they have a legitimate basis for reducing your pay from the time of the student's departure. Either way, I would consult an attorney and provide more facts. Please email me at [email protected] or call me at (213) 381-6557 if you would like to discuss the matter further.

Ari

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Answered on 5/25/10, 4:32 pm


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