My husband has a written contract with a company. In it they state that they will provide me, his wife, with a 40 hours per week job in their office for the summer. I am not getting anywhere near the 40 hours that were promised to me. We talked to them about it and they told us that I could get a job somewhere else if I wanted more hours. We brought up the contract and they said so.
Is this a breach of contract? If so, what can I do about it? Can I sue them for the amount of money i would have received had I been working the 40 hours? Does that make the rest of the contract void? Is my Husband legally responsible to hold up his end of the contract?
2007-06-05 07:46:12 · 8 answers · asked by jenleebrandt 2 in Politics & Government ➔ Law & Ethics
Based on what you have stated, it would be a breach of the contract. But, if the contract goes into more detail there may be provisions that allow them to limit your hours.
Is the contract void? Most likely not. If there is a provision in a contract that is invalid or void, most courts will simply void that provision and not the whole contract. It depends on your state.
You could sue based on breach of contract. Note that it will be based on breach of the entire contract (not just the part of not giving you enough hours). There may be other causes of action for suit as well (that would allow you a greater recovery). The likely recovery under breach of contract would be either 1) what you should have received had you worked 40 hrs per week (up to the time of recovery), or 2) what you would expect to receive at 40 hrs per week, up to the term of the contract. Other causes of action may include punitive damages (commonly up to a total of 3x the amount of actual damages), but breach of contract damages does not allow for these types of damages (to my knowledge).
You should probably look at the contract itself to see if there are any specific remedies. As others point out - you have to consider what the recourse would be if you sued either while your husband continued his part of the contract or if he discontinued his part of the contract. (lawyer's fees, court costs, etc.)
All this of course is based on general US statutory law.
2007-06-05 08:05:09 · answer #1 · answered by Chris 2 · 1⤊ 0⤋
It does seem a breach of PART of the contract but whether that releases your husband from ALL contractual obligations is questionable, since most contracts contain language providing for survivability of those parts not breached or deemed invalid on other grounds. You really need to consult an attorney.
You must also bear in mind the 40-hour per week obligation is mutual, so if you missed work for even a minute of the 40 hours, you might have been the one to have first breached the contract.
2007-06-05 07:59:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the contract states that you are GUARANTEED 40 hours of pay per week, then that is what you should be getting paid, does it stipulate the rate of pay? Are they trying to pay you 40 hours at a lesser rate? If it in fact states that you are guaranteed the 40 hours at a certain rate of pay and you aren't getting that money, then yes, that is a breach of contract and it actually voids then entire contract. I would contact an attorney about this because you are entitled to the guaranteed 40 hours of pay. Once a contract is breached by either party, then your husband has no obligation to uphold his end, HOWEVER, if he doesn't, then they will no longer be responsible for your back pay.
2007-06-05 07:55:27 · answer #3 · answered by Sandi A 4 · 0⤊ 0⤋
No, it does not make the rest of the contract void. Yes, you can sue for breach of contract and get what you would have received from it. You may have a duty to mitigate, which means a duty to look for another job. Yes, your husband still must hold up his end of the contract. Do speak with an attorney immediately about this. This is a class breach of contract.
2007-06-05 07:54:24 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
Is there a reason your husband wanted this provision in his contract? Are in a live in situation or a school. You say MORE hours, do you already work for the place?
2015-05-02 04:45:53 · answer #5 · answered by ? 6 · 0⤊ 0⤋
NO ONE, not even an attorney (me by the way) can or should advise you without first reviewing the plain language of the contract.
Therefore, I would advise you to take the document to a local attorney for a review of your rights under the contract.
2007-06-05 08:10:31 · answer #6 · answered by hexeliebe 6 · 0⤊ 0⤋
Will your husband lose his job? Is that more important?
2007-06-05 07:49:38 · answer #7 · answered by Tim O 5 · 0⤊ 0⤋
all they have to say...is they dont think your doing a very good job, or, or, or,....hicthhiking in like that usually dont work....
2007-06-05 08:59:14 · answer #8 · answered by DennistheMenace 7 · 0⤊ 0⤋