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Hiring Practices

Discussion in 'Employment Contracts & Work Policies' started by mariaeve, Jan 3, 2014.

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  1. mariaeve

    mariaeve Law Topic Starter New Member

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    The call from a school came in August while I was on my vacation in Illinois. The other line was offering me a 60 thousands salary. If the voice did not offer me that salary, I would not had cut my vacation by one week and added 300 more dollars to my flight in order to return to California. I would not had turned down the job offers that I had received from the two other districts that were closer to my home instead of a 4 hours drive. The job requires that I drive 4 hours a day (2 hours there and 2 hours back to my home). I reasoned, for 6 figure, it was worth it.
    Today at work, one of my co-worker told me that we would lose one week pay for the two weeks Christmas off that we have had. I do not see that it makes any difference since I am on salary. There are inconsistencies to this company that made me look at my contract tonight. I was shock when I read that I was only going to get paid from August 21, 2013 to May 29, 2014 (9 months). I totaled that to only a little over 43 thousands. If I did not trust the person's word (the one who hired me), I would had look at my contract and added the money in front of her. I felt like I had been deceived. Do I have any case?
     
  2. Proserpina

    Proserpina Moderator

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    To clarify - the contract actually states clearly that you would only be paid for 9 months (which isn't unusual for a teaching position)?
     
  3. army judge

    army judge Super Moderator

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    You always need to READ EVERYTHING before doing anything.

    That especially applies to signing a contract.

    You failed to do your due diligence.

    I'm sorry to say that you have nothing on which to base a credible lawsuit.

    Notice what I've bolded in red or blue in your post above.

    That illustrates your confusion, as $60,000 is only a five figure, not a six figure salary.

    Sorry, nothing improper here, OP.

    The contract governs and binds the agreement.


    Always READ everything, before doing ANYTHING!



    Read this, take the little test, and see what I mean, OP.

     
  4. mariaeve

    mariaeve Law Topic Starter New Member

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    Rule # 1 Amy I would suggest you read line 10 of your rude response. 10. Type your nickname or yoru dog's name here
     
  5. army judge

    army judge Super Moderator

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    Excellent observation, OP.

    But, while you were casting cyber stones, its ARMY JUDGE, not AMY JUDGE.

    Never mind OP, these mistakes or errors aren't $15,000 mistakes, are they?

    So, no one is harmed.

    But it does show you have the power to distinguish things.

    Now, if only you had exercised such diligence before you signed the contract without reading it as thoroughly, huh?

    Oh well, next time you'll do better, and everything will be great.

    Good luck, and Happy New Year.
     
    Last edited: Jan 4, 2014
  6. Betty3

    Betty3 Super Moderator

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    I'm sorry but if you have a contract, it is most likely binding. You should always read a contract before accepting/signing.
     
  7. Proserpina

    Proserpina Moderator

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    To clarify something:

    It's not uncommon for a teacher to have a choice between being paid over 12 months, or over 9 months. You're still getting your full salary, it's just paid out differently.
     
  8. disagreeable

    disagreeable Well-Known Member

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    AJ was castrated in text!!!:eek: :dunno:
     
  9. Betty3

    Betty3 Super Moderator

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    Users, please try not to be disrespectful when replying to other users. Thanks. (I'm "talking to" everyone - just a reminder.) I believe thelawprofessor just made mention of this in another thread.
     
  10. army judge

    army judge Super Moderator

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    Great point, I'm sure those who didn't know about that will appreciate the helpful reminder.

    While we're at it, if a poster has been advised to seek legal advice from an attorney, it might be a good idea not to repeat the same advice, or to post saying something to the effect that seeing an attorney is a good idea.

    In essence, less is more, and if its not different advice; why repeat the previous advice?
     
  11. Betty3

    Betty3 Super Moderator

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    Some users seem to need to be reminded.
     
  12. Betty3

    Betty3 Super Moderator

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    Noted - something else for everyone to consider. I have seen this done in various posts by various users.

    I have also seen users say in a post this is not discrimination or this is not illegal & another user comes back & says more or less the same thing - probably not necessary but probably doesn't hurt anything either. (It's not like being disrespectful to another user in my opinion.)
     
    Last edited: Jan 4, 2014
  13. ElleMD

    ElleMD Well-Known Member

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    The "job" isn't making you do anything. It is not their fault you choose to live 2 hours away. They have no control over that and it really isn't any of their concern. When you accepted the offer, did you discuss salary? Why you would not verify that or double check the contract? It is also not their fault that you were in another state and had to shorten your vacation when they called.

    If you were off for two full weeks you need not be paid for that time, even if exempt. It is perfectly legal and all but a given that Christmas/winter/term break is not paid. I work in education as well. Paying over only the months school is in session is also common. Some districts and schools do allow for pay to be spread out over the entire year, but that just means each check is a bit less.
     

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