Dear Sir:
My daughter worked for a Montessori School in Little Silver, NJ. The school year ran from late August 2007 to Mid June 2008. She was hired and was given the option to get paid over a 10 month period or a 12 month period. She chose the 12 month period.
On Oct 19, she discussed problems she was having with the Director of the School and they both agreed that it would be in the best interest of both parties if she was released from her contract. She offerred to work an additional 2 weeks and her employer said she didn't have too.
A that time she had received 3 paychecks for a total of $3,500 which was roughly 1/8 or 12.5% of her salary ($28,000). However, by that time she had worked 36 days, roughly 1/5 or 20% of the days she would have needed to work to complete the school year. 1/5 of her salary would have been $5600. A $2100 shortfall/difference.
Also if she had chosen to take her pay over a 10 month period instead of a 12 month period she would have received $4200 instead of the $3500 she received. A $700 shortfall/difference.
Her previous employer is refusing to pay her any additional money.
We felt as a minimum he should pay her the $700 (12 month vs 10 month contract difference). But we really felt he should prorate her pay and pay her $2100 (the difference of the $5600 due based on time worked vs. the $3500 he actually paid her).
My daughter has contacted her previous employer several times and he either skirts the issue or most recently said that she breached her contract so he owes her nothing. My daughter insists her departure was mutually agreed upon.
What, if any recourse, does my daughter have and what should she do next?
Thank you very much for your time - we are looking forward to your response.
Joe
My daughter worked for a Montessori School in Little Silver, NJ. The school year ran from late August 2007 to Mid June 2008. She was hired and was given the option to get paid over a 10 month period or a 12 month period. She chose the 12 month period.
On Oct 19, she discussed problems she was having with the Director of the School and they both agreed that it would be in the best interest of both parties if she was released from her contract. She offerred to work an additional 2 weeks and her employer said she didn't have too.
A that time she had received 3 paychecks for a total of $3,500 which was roughly 1/8 or 12.5% of her salary ($28,000). However, by that time she had worked 36 days, roughly 1/5 or 20% of the days she would have needed to work to complete the school year. 1/5 of her salary would have been $5600. A $2100 shortfall/difference.
Also if she had chosen to take her pay over a 10 month period instead of a 12 month period she would have received $4200 instead of the $3500 she received. A $700 shortfall/difference.
Her previous employer is refusing to pay her any additional money.
We felt as a minimum he should pay her the $700 (12 month vs 10 month contract difference). But we really felt he should prorate her pay and pay her $2100 (the difference of the $5600 due based on time worked vs. the $3500 he actually paid her).
My daughter has contacted her previous employer several times and he either skirts the issue or most recently said that she breached her contract so he owes her nothing. My daughter insists her departure was mutually agreed upon.
What, if any recourse, does my daughter have and what should she do next?
Thank you very much for your time - we are looking forward to your response.
Joe
