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Question
I am paid twice per month, usually on the 15th and last of each month (depending on where weekends fall). The company I work for pays us on the day in which the pay period ends, since we are a small company and my salary is always the same. In past years, our Christmas bonus has been paid on December 15, after which we receive a final, end-of-year payroll on or about Dec 30 (we usually have the 31st off). I asked my admin today why my end-of-year wire had not hit yet and he told me that the Dec 15 pay included the end-of-year pay. I was not informed of this in writing or verbally until today, and in past years this was never done. Am I entitled to pay for the period ending Dec. 30?

Answer
Hello Lars,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

Generally, employment is at will meaning there is no contract, but sometimes quasi-contract remedies can be available.  Your description summons to mind the concept known as "course of dealing" meaning that sometimes a court will enforce terms of an implied contract based on the past conduct of the parties.  So perhaps your employer may be held to comply with the past course of dealing established about your compensation.  Another theory is called quantum meruit wherein a party can recover in the absence of a formal contract for the fair value of their work.

I suggest that you find an attorney licensed in your area to help you and seek relief for your wages.  You may do well to start gathering information and fellow co-workers to build a set of facts that you can deliver to the court to substantiate your position.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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