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Question

If you are in contract negotiations and your contract was up June 5th, if we finalized it in October, isn't the contract supposed to be dated June 6th and the employer liable to pay backpay? I can not find the law that supports this.

Submitted: 409 days and 12 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Winamac, Indiana

Already Tried:
I have had a lawyer tell me that my employer is liable to pay the backpay. The lawyer I spoke to is the lawyer for the hospital that I work for. I have told the employer what he has said. He doesn't want to follow the law. I need legal proof to show him and the hospital board of directors. I am trying to find the Indiana Code or some case file or something to shows that it is the law and he has to follow it, not just not pay it because he doesn't want to.

Posted by OnpointLegal 409 days and 12 hours ago.

Answer

Hello,

I am happy to try to help you with your question. Please understand that I have limited information on your situation. Therefore, I will probably need some more input from you in order to provide a complete answer. Please also understand that my answer may not be what you want to hear but it will be based on my best advice and suggestions given the situation.

The short answer is that the contract does not have be be back dated to June 6th and, frankly, probably shouldn't be. As far as well the employer is liable for back pay, that would depend on what the contract says and also whether you worked during that time.

But, before I can provide more information and feedback if you provide me with a little more information.I would appreciate your letting me know what state you are located in and a little more background on the situation -- is this a union contract? Did you work from Jun 6 to October? Were you paid at all? If so, were you just paid the rate under the old contract and what you are looking to get is the rate under the new contract? If so, what does the contract say about it being retroactive?

Thank you. I look forward to working with you on this issue.

Please keep in mind, this online forum does NOT form an attorney-client relationship.


All answers are simply based on the facts presented and are advisory in-nature. For complex legal situations, situations involving large amounts of money, situations involving issues that have a large impact on your life (such as family law issues and criminal law issues), you should always consider and obtain in-person consultation with a local attorney with expertise in the subject matter of your question.
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409 days and 12 hours ago.

Reply

My contract states that I could enter into renegotiations with a 3 month notice. I gave that. I continued to work during this time and at the rate outlined on the old contract, which is a year to year contract. No, not a union, I am an anesthetist in Indiana. The lawyer who wrote the contract is the one who said it ended on June 5th. It is only carrying over until we finalize this contract. He said if I chose to date it in Sept. or Oct. then I lose my right to any back pay. I am the one hoping for legal documents to suport this in addition to my contract. The back pay is the difference between the new contractual salary and the old. The CEO keeps putting off finalizing the completion of this so he can pay less and less.

Accepted Answer

The bottomline is that this is simply a matter of negotiation. You can negotiate a term in the agreement that says that they will pay you the new rate from June 5th forward and give up backpay to make up anything they owe you. They can accept that term -- or not. And, you can agree to work for them under a new contract -- or not. As far as them putting off signing it, again, you can keep working for them without a contract, and, therefore, under uncertain terms. Or you can move on and find another job. Or you can tell them that you will be moving on if it is not signed by some certain date.

It is simply a matter of negotiation.

I wish you the best with this situation. If you have followup issues, I am happy to help. I would appreciate your pressing accept so that I can be paid. I will still be available to work with you on followup issues. Thank you.

Expert: OnpointLegal
Pos. Feedback: 95.3 %
Accepts: 172
Answered: 9/25/2008

Lawyer (JD)

20+ years of legal experience

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