Claimed typo in employment contract

[mmacann]

new jersey

I discussed a job as an independent contractor with an agency. They informed me the rate would be $x/hour. Several weeks later I received a signed contract at $y/hour (25% higher). I (happily) accepted and sent the contract back. The contract requires both parties to give 30 days notice of termination

I have been working and paid for the last 3 months at $y/hour. I have now been told that the $y/hr figure was a mistake (pay rate for higher grade) typed in by a temporary worker (although signed by the Director of the Agency) and that I "agreed" in our verbal conversation to $x/hr.

They have cancelled my contract (giving me 30 days notice), but want me to continue to work for the lower rate until that time. I want to terminate immediately. Do they have any recourse?

 

[JETX]

Do they have any recourse?

Against what??? You??? Or to recover the 'overpayment'? Or against the temp typist who made the mistake??

 

[cbg]

How can we tell if they (or you) have any recourse? We haven't read the contract. We don't know what the terms are.

 

[mmacann]

Not many terms in contrat

The contract is very brief:

* Mr. X will provide services as a (function) for a two hours/week at a rate of $x per hour. (Period is not specified).
* This contract is subject to Mr. X obtaining required malpractice insurance in the amount of X. (done)
* This contract is subject to Board approval and may be cancelled by either party with 30 days written notice.
Signed, Director of Agency

That's it basically. I was not expecting a review of the contract, rather some learned advice on the question:
* Does a written contract remain in force if one of the terms is claimed to be a typographical error and different from the verbal agreement (i.e. $x/hour vs. $y/hour) ?

 

[cbg]

The answer remains the same. There is no black-and-white, flat yes or flat no answer to your question, no matter how much you want there to be. The answer is STILL dependent on the EXACT wording of the contract.

 

[DrewfromCA]

If they know of the error, and are not even trying to get the money back, why don't you just count yourself lucky and work the last month at the X dollar amount?

I hope you don't feel that is beneath you now... lol

 

[mmacann]

No, it is not a question of being "beneath me" as you suggest. Rather, in our initial conversations, it was implied that the # of engagements would be greater than materialized. Combined with the now lower proposed wage, it is not worth the expense.

 

[JETX]

Does a written contract remain in force if one of the terms is claimed to be a typographical error and different from the verbal agreement (i.e. $x/hour vs. $y/hour) ?

Okay, since you asked it that way, the answer is no. If one party to the contract can support that the error was in fact an error, the contract can be amended to correct the clear error. And in this case, since you were told the rate and clearly knew the error and accepted anyway, I believe they can change the contract..... and pursue recovery of the overpayment.
Would a court agree with that opinion.... no one knows without hearing ALL the facts (and not just one side).