Legal Question in Employment Law in Pennsylvania

Teaching

I have been a full time teacher for 11 years. Before I was hired permanently, I was a long term substitute for the same school district for 2 full years. When I was hired full time I was put on step one of the pay scale. I have since found out that teachers hired before me and after me who also did long term sub work were given credit for the time worked and started at step 2. I have lost about 58,000 in salary by not being put on the correct step like everyone else. I was told they would now move me to the correct step but not compensate me for all the monies lost. Can they legally do this?

Thank you


Asked on 6/05/07, 1:03 pm

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Teaching

It depends. If you are saying that your wages were "EARNED", then you have a right to compensation. If you were to bring a claim, then the other teachers would have to be called as witnesses to substantiate the claim that the retroactive pay was earned, and not discretionary. What was the reason given for not giving you the back pay?

Read more
Answered on 6/05/07, 3:10 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Teaching

You asked about retroactive pay differentiation.

The Supreme Court recently came out with an opinion that may effectively terminate employee's claims to back pay issues unless such claims are brought within the statute of limitations from the original infraction.

In this case the differentiation may or may not have been discriminatory. Instead of seeking back pay you should instead try to negotiate a promotion to get placed a step or two ahead so that you receive compensatory compensation going forward. Over a period of time you will exceed the foregone income though which probably will not consider the compound effect. But niether will you have the legal fees or stress associated with a long drawn out legal battle. And the employer gets to reap the benefits over time. Best bet is to go over the head of the person who denied you back pay and go to a more senior budget responsible official.

I would be happy to help with issue.

Regards,

Roger

Read more
Answered on 6/05/07, 8:16 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania