Greg Smith and Associates, Criminal Defense Attorneys/
Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512


Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

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Getting Paid for Work that Goes Above and Beyond the Contract

When you do work for somebody, an "implied-in-fact" contract may be established through what you and they said and did. These usually begin with an ORAL statement wherein somebody asks another to do a job for them.

However, this can also happen when an employee volunteers to do work for the boss. In other words, just because you brought up the fact that work should be done, then did it, that does not mean you do not have to be paid for what you did to help out the boss.

The Utah judiciary has stated that a contract "implied in fact" is a "contract" established primarily by conduct. In other words, there may not be a written agreement, but somebody asked someone to do a job, and the other person did the job.

So, if a kid knocks on your door and says, "Hi, can I mow your lawn?" and you say, "Sure!" You should plan on paying that kid for the going rate of lawn mowing unless you can plainly show he had some reason to do it free for you.

However, if somebody helps you change a flat tire on the side of a freeway, it's less likely a judge will think the "Good Samaritan" was expecting to be paid.

The elements you have to establish to prove you are owed money are: (1) somebody requested you to perform work; (2) you expected the person who asked that the work be done to compensate you for those services; and (3) the person who asked really should have known that you expected compensation. Davies v. Olson, 746 P.2d 264, 269 (Utah Ct.App.1987) (citations omitted).

In other words, they asked you to confer a benefit upon them, and you did. But, again, it can be implied that you asked for it, even if they brought it up first.

Don't sweat it if you do not have the agreement in writing. Also, if you were "salaried," don't let that dissuade you either. Your boss needs to give you a job description.

For example, if you are a car salesman, but have to clean snow off cars, and you have nothing stating that such cleaning is part of your commissions, then the car dealer may have to pay you for all that snow removal.

Again, ask yourself: 1) what was I hired to do? then, 2) did I perform work that went beyond that? and 3) did the boss know I was doing that work?

Bottom line: if you did extra work, you ought to be paid for it - after all, they got the benefit of your work.

Give us a call at 801-651-1512. We can usually meet with you the same day you call.

Tags: wages

Feedback From Satisfied Clients

"The domestic violence and DUI crimes that I was charged with would have ruined my career. Thank you for saving me! You are worth every penny I paid you."

More Testimonials

Avvo Clients' Choice Award. 5 Stars

Lawyers.com Reviews

Matindale Hubble Client Champion Lawyers 2018

Google Reviews


   Review Us On Google




Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.



Greg Smith and Associates
111 E. 5600 S. #105
Murray, UT 84107

Salt Lake City, UT

801-651-1512


Typically No Retainer - Easy Payments. *Call for details.


Greg Smith and Associates, Criminal Law Attorneys, represent clients in Salt Lake City (SLC) and all throughout the state of Utah.


DISCLAIMER: I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Aafordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.


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