Legal Question in Employment Law in California

My wife spent 12 years working in a southern california middle school (she was not a certificated employee), she was considered a Professional Expert, however because none of the certificated teachers could do the job properly this school had my wife doing the school budgets, title1, EL Coordinator (ALL REQUIRING CERTIFICATED TEACHERS) and payed her a salary far below what the job entailed. Is this worth pursuing???


Asked on 3/25/14, 8:39 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Pursuing what?

As long as she was paid per her union contract or employment agreement or employer policy, there is no claim unless you can point to a state or federal labor code provision or other law showing they were required to pay differently. I am not aware of any that would allow her to sue this governmental entity. IF you could show such rule, she would be allowed to claim only the last three years, and would have the defense of 'waiver' assured against the claim for failure to take action for so long without complaint. If I am wrong, I would appreciate being educated on it.

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Answered on 3/26/14, 5:14 pm


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