Refused Raises Despite Contract

[Pay to Play]

I have been in a service position as a church musician for 7 years with 1-year contracts renewed each year. The background to my question is this: Nearly 2 years and 10 months ago, my last contract expired. New clergy came in as head of the parish 5 months prior. I arranged a contract renewal meeting (which took 4-5 months to get him to agree to). When we met he said he didn't understand why I wanted a contract to begin with, that other church musicians work without contracts elsewhere. I didn't know what to say except that I came into the job with a contract and expected to continue reviewing the agreement annually and getting cost-of-living raises. He refused any raise of any sort and no contract was drawn up.

I continued working there without a contract, and continue to do so. I receive a bi-monthly salary based on the last contract.

I have found working for this person to be very difficult. Now he is refusing to pay for some extra services he asked me to perform (nearly a year ago in December of 2006) with the understanding that I would be paid. He is claiming that the terms of the 2005 contract include these services. This is now the last straw for me and I want to walk out. The last expired contract stated that I must give 60 days' notice for termination.

My question is this: Since I continued working and receive pay based on a verbal agreement, do the terms of the last contract hold on 2 counts: 1) the job description (even if vague, RE the non-payment scenario above); and 2) the termination terms? Were I to walk out with no notice, what recourse could he have, given that there is no written contact?

I am a salaried employee, with full benefits, considered full time, though my hours are fewer than 35 a week. I also have extra work there on a 1099. This is my only job.

Thank you. I look forward to your quick response!

[cbg]

If the last contract has expired and has not been renewed, and no new contract has been put into place, then the terms of the contract are not enforceable any longer.

[Pay to Play]

Well, that seems to be good news for my being free to choose my course.

My concern has been that my tacet agreement to work without a contract and accept payment for my continued services sets up a precedent. But I think I see your point. They have no recourse at all were I to leave in a day or within 60 days of giving notice.