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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11780
Experience:  JD, MBA
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Teachers were required to begin work two weeks sooner than

Customer Question

Teachers were required to begin work two weeks sooner than previous years and unwittingly earned an additional 1.33 days of sick leave for up to 10 years (due to a state statute we did not know about) but were never credited with it. 3400 teachers earned this leave and the District will only pay back 2 years (2.66 days) despite their error! Is there any recourse? Two attorneys say due to the statute of limitations we have none But we did not know we were entitled to it. The fact that they are giving any credit is an admission of their error. Why should we settle for 2.66 days when we should be getting up to 13.33 days?
Submitted: 7 months ago.
Category: Legal
Expert:  TJ, Esq. replied 7 months ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. Unfortunately, I agree with the two attorneys who explained that the statute of limitations applies. The reason why you'd need to settle for 2.66 days rather than 13.33 days is because the statute of limitations prevents your ability to win in court for any years before the last 2 years. I realize that it seems unfair since the error is clear and admitted, and you were not aware that you were entitled to an additional 1.33 days per year (otherwise, you obviously would have taken action after the first year rather than 10 years later). But, I'm sorry to say that those facts are irrelevant to the statute of limitations. The statute of limitations strictly prevents you from obtaining legal relief for the period beyond 2 years. There simply isn't a way around that. Accordingly, if you were to sue, then you'd almost certainly lose. I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.
Expert:  TJ, Esq. replied 7 months ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!