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Salaried Teacher Is Paid Incorrectly, Faces Bankruptcy Texas

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  • Salaried Teacher Is Paid Incorrectly, Faces Bankruptcy Texas

    Never had, or heard of, this happen before. As is common among Texas public school teacher, I signed a one year probationary contract payable on a 12 month salary schedule. At the time of signing, I requested and received a 13 month salary schedule, which gave me a check in August of last year to cover relocation expenses. Beginning with the start of the 05-06 fiscal year in September through the end of June, I received a payroll check of the same amount each month, as do thousands of teachers across the state. Then, during the month of June, I was approached by the district's superintendent with a contract payoff offer. (I resigned my position with the district for a more lucrative administrative position at another district)
    The amount of the final check was expected to equal the two months salary remaining (July-August), at least in my estimation. However, the check was the equivolent of one month. The explaination was the "payroll specialist" did not enter me into a 13 month salary schedule when the new fiscal year began last September, which obviously would have lowered my monthly income during the year, but not significantly.
    Neither I nor the district was aware of any miscalculation, and I obviously didn't prepare for any change in income.
    Any thoughts and or suggestions would be appreciated.

  • #2
    So, were you paid your full contract? If so, the fact that a mistake was made does not mean the district owes you a dime. Next time, check your first paycheck. Annual salary divided by 13; seems pretty straight-forward to me.
    Last edited by Pattymd; 08-16-2006, 04:07 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      That's precisely what I am disputing, Pattymd. At the time of signing, the district could not give me an exact salary quote because the state minimum salary schedules were not yet released. So, that first check in August was based on 2004-05 figures, which didn't reflect teacher pay increases passed by state legislature for 05-06. Every other school I've been at has provided a formal document, to be signed and filed with administration, explaning in detail the salary, extracurricular stipends, daily rate, deductions, etc. For some reason, this district didn't provide this information. Therefore, the figure I used to determine my salary was the first check in September, and expected to receive for the remaining 11 months. Obviously, the school board approved that amount when they passed and set the district budget for the year, or accounts wouldn't balance at close every month.
      Furthermore, there is a discrepency between what payroll claims is my athletic stipend, and what my athletic director quoted me when he hired me as his first assistant. The only documentation they have is a hand written note, barely legible, that the AD supposedly submitted prior to his leaving the district after the fall semester.
      So, I do question the amount of my salary and feel I am owed the balance.
      Make sense?


      • #4
        It does. However, you really need to address the discrepancies internally. Generally speaking, the TWC does not get involved in the enforcement of contract details.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          I appreciate your comments and advice, Patty. With my limited experience with legal or contractual matters, trying to research any legal options is difficult at best, if not impossible. Somewhere to focus my time and energy is what I need


          • #6
            Fine guidance, as usual

            Absolutely agree with you Patty--TWC can't look at wage claims from teachers in independent school districts, since the Payday Law excludes employees of political subdivisions of the state, or the United States. The Payday Law does not apply to any governmental employee.

            Best option for teachers is to explore the grievance procedure of their school district, and hope the superintendent doesn't hold a grudge.

            I've been away--examining the myriad details of the FMLA system from the other side of the desk. It's good to see the fluorescent glow of the office, after all.

            Hark? Can that be f'ball season approaching?

            HOOK 'EM HORNS!!!


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