Legal Question in Business Law in Utah

Contract Enforcement

I am a community manager for a corporation. I am the managing agent for one of the communities that the company has an agreement with. The agreement my company has with the community I manage specifies that the Manager (me) will get additional compensation for late and long meetings with the Board. I was not aware of this until I had been managing the community for months. I went back and added up what I should have been paid for the late and long meetings and it totaled over $600.00. I brought this up with my manager and he told me that they would not be backcharging the community and I would not receive the compensation. I want to take my company to small claims court because the agreement between my company and the community is specific about the compensation and I have meeting minutes that prove I was at the meetings and that they were late and long. To what extent is my company liable to enforce its own contract and bill the community for my services? Thanks.


Asked on 4/15/08, 7:39 pm

1 Answer from Attorneys
Mel Larew

Re: Contract Enforcement

The primary concern is the agreement between you and your employer. However, it sounds like you were unaware of the agreement with the community that would have provided you the additional compensation. Also to be factored in is whether you are "exempt" or not "exempt" under the labor statutes, which may kick in an obligation to pay you overtime rather than the additional contracted compensation).

It is possible that you can sue the community as a "third-party beneficiary" to the agreement between your company and the community. From a legal point of view, if you do decide to sue, it would be wise to name both your employer and the community, although that may cause practical problems between you and your employer.

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Answered on 4/15/08, 7:45 pm


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