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I am a teacher working for a Charter school. The salary on contract for August to August was $55,500 the actual gross salary I received $47,122.80 before any deductions. My employer stated I was paid less because I was hired late, as I replaced the first teacher that quit. To no fault of my own was I a late hire. I contacted Dept. of Labor and told since I was a professional teacher I do not fall under their laws and would need a teacher union. Since I work for a charter school the state teacher unions did not allow me to join. I contacted Charter school board and they never responded to me and only forwarded my letter to my campus which in turn stated they are fair in paying me less than contracted salary since I was a late hire. I was cheated out of a lot of time considering the amount of overtime they got for free. Is there anything that I can do?
Asked on August 9, 2017 under Employment Labor Law, Minnesota
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
A contract salary may be pro rated based on how long you actually worked regardless of whose "fault" that was (e.g. if you were a late hire). You don't need be paid for time you did not work. So if you, say, started a month or month-and-half or so late, then you were probably paid the right amount. If you worked the full contracted time, even if you were hired to do so after other people (e.g. got the position or offer late, but still worked the entire time), you should have been paid the full amount and could sue for breach of contract if you were not.
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