The following is how I am paid my employer:
Out of 52 weeks in a year, I get paid 24 weeks of automatic bank payments in the amount of $650 per week and 28 weeks of cash payments on the amount of $1,500 per week. On the weeks which the automatic payments do not go out I get paid the cash payments. In general, the automatic payments happen every other week, however approximately every 3 months the automatic payments go out on the third week. which results in me getting paid cash 2 weeks in a row for those weeks.
Now I am leaving my job and my employer is 6 weeks behind payments. Coincidentally 4 out of the 6 weeks are cash weeks based on how the automatic payments fell out. So the way I would normally get paid for the 6 weeks would be as follows, $1,500 + $650 +$1,500 + $1,500 + 650 + 1500 = $7,300 total. But my employer believes I should be paid based on my average weekly pay which is calculated as follows $1,500 x 28 + $650 x 24 = $57,600(yearly pay) divide by 52 = $1,107 (average weekly pay) times 6 weeks = $6,642.
Am I entitled to $7,300 or $6,642 ?
See attachment for more clarity.
Answer by Horav Y. Fleishman shlit”a
Was the salary a yearly salary? if so you deserve a prorated salary based on the portion of the year that you worked.