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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. New Link Destination
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 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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