November 22
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Mutual Mistakes
Why Has My Compensation Offer Changed?
by Sylvia Ho

Q. Several months ago, I joined a planning firm after running my own business for a few years. We agreed that I would be working as a part-time contract worker until I completed all my projects in my business. We also agreed on an hourly rate for when I would become a full-time employee.

A couple of days ago, I received an offer for full-time employment from this company. They offered me a salary that works out to be less than our agreed-upon rate. The original agreement was based on 2,080 hours of work. I was just told that they calculate their salary based on 1,920 hours (or 40 hours a week for 48 weeks) a year and that I will be receiving the initial rate we had determined.

This doesn't sound right at all. My other employers based their salary on 2,080 hours per year. I've even heard of 2,000 hours per year, but never 1,920 hours.

The firm refuses to increase their offer. Because of this, I am currently weighing my options and even thinking of restarting my business, although I had significant cash-flow problems in the past.

A. In the world of contract law, it sounds like you and the company were "mutually mistaken" as to the number of hours you would be working. Your situation is now subject to negotiation. Keep in mind that in this case of mutual mistakes you are not obligated to follow through with your acceptance of their proposed pay. You can look elsewhere for work if you plan to decline their offer.

Good luck!

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