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I was hired as a social worker by Ford Hospital on 11/2/15…

I was hired as...

I was hired as a social worker by Henry Ford Hospital on 11/2/15 and received an offer letter listing the compensation package. Now, I have applied for the raise (stated as 5%) after obtaining the ACM certification, and am being told that they realize now that I have been overpaid all this time, so I will not receive the entire 5% (actually they are indicating I'll only get approximately 2% raise. Can they do this legally?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

I just received an email from my supervisor after me questioning the amount included in my paycheck due on 3/9/18.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, don't think so

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Answered in 1 minute by:
3/7/2018
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,583
Experience: Years of experience in running a medium sized law firm.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)to hear about this situation.

I am sorry to hear about this situation. Please explain what they mean by "overpaid?" Are you being paid MORE than your contract states, or, EXACTLY what your contract states? (Forget what was discussed verbally for the moment - focus on the contract amount as stated in the contract.)

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Customer reply replied 4 months ago
exactly the same
Customer reply replied 4 months ago
No just plz answer

(You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Oe second while I type out the answer, please...

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If they made the mistake in the contract, it is their fault. That does not mean that they can back out of it. It is well established in Michigan that: "a court of equity has power to reform the contract to make it conform to the agreement actually made." To obtain reformation, a plaintiff must prove a mutual mistake of fact, or mistake on one side and fraud on the other, by clear and convincing evidence. Casey v. Auto Owners Ins. Co., 729 NW 2d 277 - Mich: Court of Appeals 2006.

If they made a major error, such as adding a few extra zeros, and the mistake was obvious, then it can be voided. But a slightly higher wage is simply presumed to be the result of extra negotiations. They are bound by it, and one arguably does not have to pay it back. Also then, if the contract guarantees a raise once a certification is granted, this is also binding.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 4 months ago
no plz answer the question

Did you not see my answer?

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Customer reply replied 4 months ago
thank you. *****

You are very welcome. Good luck, and please don't forget to actually RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,583
Experience: Years of experience in running a medium sized law firm.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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