Wappingers Falls, NY asked in Business Law and Employment Law for New York

Q: If my employer lists a separate fee to clients for a special service by me above and beyond the normal contract cost.

Can he then pay me less than they think they are paying me? Is this fraudulent billing?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: The employment law attorneys here would have the best insight into this, but your question remains open for two weeks. However, as a general contract law matter, it isn't unusual for companies to impose a margin on what they pay employees or contractors - this is a basic business model. It isn't generally considered fraud unless there is deceit or some form of misrepresentation involved. The company pays rent, advertising, etc., which an employee or contractor does not pay. It's understood that the company will need to do better than just breaking even. How the client's fees are determined, what exactly is disclosed to the client, the exact terms of the contract... those could be things to discuss in a more detailed analysis with an employment attorney if you have concerns. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.