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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4026
Experience:  Contracts, Wrongful termination and discrimination
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Do I have any rights in this case? I am a supervisor in a

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Do I have any rights in this case? I am a supervisor in a school district and was assigned the work of another supervisor when she retired. I did this additional work with no additional compensation, and my evaluation indicated that I did a good job. After a year and a half of doing this work, the superintendent decided he wanted to give it to another person, effective July 1; however, he gave her the title and additional money effective April 1. I had an interest in the job and had the theoretical preparation for it. The person he gave it to had neither. I finally took it to HR today, and he suggested that I talk to the superintendent. He also expressed that what I told him could leave the organization open to harm and he implied that he would need to share this information with the superintendent. I told HR that I would think about talking to the superintendent. In all likelihood I will because he will know anyway. Should I just continue to accept this and move on, or is something else going on?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

Are you a union member?

Also, is there any indication that you were not given the promotion because of your race, gender, age, religion, disability or national origin?

Customer: replied 1 year ago.
I am not a union member. Discrimination was not involved. He just wanted to find a way to give her more money and responsibility. He gave her the title and more money. I did the job with the title and no additional money. I lost no money. It was a surprise, and I felt like it was a slap in the face.
Customer: replied 1 year ago.

I am not a union member. No discrimination was involved. She is younger than I, but I don't see it as a discriminatory issue. She is a director, and I am a supervisor.

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

Because there is no discrimination involved here, there are no individual rights which are triggered as far as you being promoted instead of the other person.

Nevertheless, there is likely a claim you could make for the improper classification of your pay grade and you may be owed back pay for the additional responsibilties you took on. This is because a school district must pay you pursuant to Department of Education regulations. If you were working a position for which you should have received higher pay by law, then you are entitled to that pay.

Without knowing more exact facts about your situation, I would encourage you to make an appointment with a local attorney who practices employment law and ask him/her about a full evaluation of your case. It is likely worth pursuing.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

Thank you. No back pay is due because our jobs aren't defined this way. I will just go express my concern to the superintendent in the best way I can and then put it behind me. Thank you.

Expert:  TexLaw replied 1 year ago.
Certainly. I hope this helped.
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4026
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 11 other Employment Law Specialists are ready to help you

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