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Eagle as he knows my. case. I sent you a letter about my job…

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this is for legal eagle...
this is for legal eagle as he knows my. case. This is Barbara May I sent you a letter about my job situation as a retired but at will librarian and reading teacher
two questions. In the fall of 2015, my superintendent came to be the day before school started stating I've hired you a 25 lhour a week aide. I was flabbergasted as I was only getting paid 10 hours a week for the whole job. He said she was paid as an aide, but the office manager said no she's a librarian. Would I have rights of back pay for being underpaid?
I don't want to persue it, just need just in case info.
Secondly, that library aide quit after 6 weeks. But this past summer she quit her new job and asked the superintendent for
her job back. He left it up to me. While I was thinking about it. he emailed me you tell her if she gets the job or not I'm going on vacation.??My husband told me sounds like he wants this lady so I told my boss is was not my job to hire or not hire someone and he did. She still has more hours than me and I'm main librarian??? Is what he did legal. barbara may at***@******.***
Submitted: 7 months ago.Category: Employment Law
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Answered in 3 days by:
11/25/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,455
Experience: Licensed to practice before state and federal court
Verified

Hello Barbara. I'm glad you contacted me. I had received your documentation and had written you back, but I hadn't heard from you. Nonetheless, I'm glad that we could connect. Also, I was out of town for the Thanksgiving holiday so I am just getting back to work. So, let me answer your questions.

1. Can you get back pay? Unfortunately, I do not believe this situation warrants back pay. Generally, back pay can be awarded if they agreed to pay you a certain amount, but did not or if they otherwise discriminated against you on the basis of your race, age, gender, etc. and withheld your pay because of that.

2. It seems like what he did is legal if he has the authority to hire and fire people. He can also probably delegate the hiring and firing and remove that delegation at any time.

It seems like what he is doing may be unsound business and probably just a bit unusual in terms of operating this particular organization. It is not something he should put on his resume, but unfortunately, superintendent powers are very broad so it is probable that what he is doing is legal, even if it is a bit unfair and unwise.

What other questions did you have for me today?

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Customer reply replied 7 months ago
Is it legal for him to tell me he's going out of town and I can tell a prospective aide if she or he is hired back or not? That is something I refused to do
Customer reply replied 7 months ago
Thanks for info
Customer reply replied 7 months ago
Oh I'm a retired teacher I was reading recovery teacher and first grade teacher.
When retired I was hired to do reading intervention part time and recently librarian. I am on hourly pay cheap for librarian and a lot higher for reading. A lot of hours a don't charge.
Customer reply replied 7 months ago
That's my position now
Customer reply replied 7 months ago
I don't want back pay. I just need to know my rights to protect myself.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks for your patience on this. Unfortunately, unless there is some specific state law that says otherwise (which is unlikely), it is legal for him to tell you that he's going out of town and that you can tell the aid whether she's hired back. As an employee, you have a lot of rights including the right to a reasonably safe work place that is free from discrimination and to be paid at least a minimum wage and overtime if you're eligible. However, the rights tend to stop there. If the superintendent wanted you to make the hiring and firing decisions because he was going on vacation, then he's allowed to. He's also allowed to give someone else more hours and more pay, but so long as he does it for non-discriminatory reasons. For example, he couldn't do it because he prefers Muslims over Christians.

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Customer reply replied 6 months ago
Hi I'm back again. I emailed a letter to my superintendent stating was my understanding of my job is in full and because I am not certificated to teach and adults to do reading intervention I cannot do more than my job description. This guy has not responded and I have to make sure he acknowledges he has it. I don't want to file a claim yet if I don't have to. So how would you have him served to make sure he gets the letter? He is in a lot of deep water.the teachers are trying to prevent him getting his contract renewed and are filing a non support through CTA to the board. the board at this school refuses to listen to teachers. So letters they have to give to the superintendent he does not put in the board packet. he is out of compliance will all special ed rules. Anyway, I rejoined CTA. But I don't have a contract I sign as I did when I was a full time teacher. My husband is concerned about my liability if I sign this nonsupport document. So my questions are: How can I make sure he has to acknowledge the receipt of my letter? Should I stay away from signing the nonsupport document the certificated staff is sending? thanks barbara may
Customer reply replied 6 months ago
I sent a letter to you and someone else answered are you legal eagle getting these letters
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Hi, I think if you send it certified that's your best chance to ensure the letter gets to him. He doesn't have to open it of course, but in the very least you can know it was delivered to him.
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Customer reply replied 6 months ago
Should I sign the certificated staff legal doc to the board of non support of his rehire? I'm at will they have contracts. I rejoined cta. But my husband is afraid of a lawsuit. I don't feel i should sign if so don't have the same rights
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
That's a good question. What are you sign is completely up to you. Usually, if you are part of a huge and they can't sue you for signing a document like that.
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