Legal Question in Employment Law in California
Employee's rights when your job claims to have overpaid you
I am a teacher and my district claims they have overpaid me for the past 3+ years. They are demanding that I pay them back everything and are taking over $1,000 out of my paychecks each month. This is their mistake. They claim that from my first paycheck there was a mistake, so how was I to know that I was being overpaid? There is also a problem with my units. They refuse to accept upper division classes that I took in graduate school when determing my placement on the salary scale. I do not know if what they are doing is right, but it feels wrong. No one is helping me out with this matter. Please, at least, let me know an attorney who can help and just tell me if what is happening to me is wrong or right.
2 Answers from Attorneys
Re: Employee's rights when your job claims to have overpaid you
Check with your union. Certain school districts rate in a new teacher at only a specific level, and do not give credit for all graduate work.
As for the withholding from your paycheck, I agree it doesn't sound right. Perhaps a wage and hour attorney here can give you advice on that matter.
Re: Employee's rights when your job claims to have overpaid you
What, no union? That is what they are for if you are a public school teacher. If not, you must be at a private school. If so, your contract or agreement determines your recourse. You may have a legitimate defense to the deductions, so you should discuss the situation with an attorney. contact me if interested i doing so.
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