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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19780
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was hired by APS in 2010, I turned in all my transcripts

Customer Question

I was hired by APS in 2010, I turned in all my transcripts and years of employment. I was placed on the wrong step for my pay. I was put on Masters only, I should have been placed on Masters +15 because I had a total of 28 credits beyond my masters. I came out of state, and in previous states where I was hired to teach (California, Illinois and Ohio) a meeting was held letting me know exactly where I fell on the pay scale. Here they just sent me where they placed me. Just this year, I pulled out my transcripts and reviewed carefully my step in pay. I noticed that an error had been made, I contacted the HR assistant vp and he referred me to the HR department and had my case reviewed. I was told that they could only go back 2 years. I am owed another 4 years, do I have a case. Does New Mexico have any laws that would cover my retroactive pay?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Mexico
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, union
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I have a case to recover the back pay owed to me?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for the information and your question. I see that you are in a union. If that is the case, then if the bargaining agreement addresses the issue of time limits on grievances regarding pay (or every personnel action) and limits them to two years, then that would be the limit you would be bound by. In other words, your bargaining agreement controls the situation and whatever it says takes precedent over statute if it is specific. Also, if you are in a union, you would have to grieve this issue before it could go further to arbitration.

Had you not been in a union, under NM law, an employee has a 3 year statute of limitations, after the last violation, to file suit. If they file a wage complaint with the State, the statute of limitations stops running (tolls) while the State is investigating the issue. However, as I mentioned, since you are in a union and I presume have a bargaining agreement, you and the employer are bound to follow the rules in that contract. I can only assume that they are saying 2 years because that is what the BA says, but you will want to speak to your union rep about that. If that is what the BA says, that is the extent of your recourse.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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