Employment Contract

I have a 1 year contract with my employer and they used the word "Shall Pay $XXXX guaranteed commision/month they sent me a email saying I would not get commission this month and I said they had to. Then they responded we do not, we used the word "Shall" not "Will" pay in the contract. Really? can they do that?

Spring Hill, FL -

Attorney Answers (4)

Heather Morcroft

Heather Morcroft

Family Law Attorney - Winter Park, FL
Answered

They may have some other way out of it, you need to have an attorney review it, but shall and will mean the same thing, they are both mandatory, not discretionary.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more
Sponsored Listing
Jeffrey Lee Price

Jeffrey Lee Price

Contracts / Agreements Lawyer - Gainesville, FL
Answered

Bad excuse on their part. Tell them they need to come up with a better answer. "Shall" is a word of command denoting a mandatory meaning. They wrote the contract.

This is not legal advice. Think of this as what you would recieve from a wise uncle. And remember, you have never... more
Alex Paul Rosenthal

Alex Paul Rosenthal

Business Attorney - Fort Lauderdale, FL
Answered

There is no genuine argument that can be made as to the meaning of the term "shall." If the contract has the terms you indicate, the employer's position appears to be incorrect. However, contract interpretation requires consideration of all terms which must be read together to give full meaning to the entire agreement. I would suggest you have the entire agreement reviewed by an attorney.

Raphael Samuel Moore

Raphael Samuel Moore

Business Attorney - Davis, CA
Answered

You really need to review the rest of the agreement to see if there are other reasons. Have you discussed it with them ? For us lawyers, "shall" and "will" mean exactly the same.

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.