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  1. #1
    Join Date
    Jun 2017
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    Default Teacher Paid on an Annual Basis, Salary Stopped After Resignation

    My question involves labor and employment law for the state of: Florida

    I am a teacher. Last year, I taught at a private school and was given a contract at the beginning of the year, stating my salary, and that it would be split into 24 checks, spanning from August 15 of last year until July 30 of this year. My work dates were listed as the week before school until May 24th, the last day of school. During the last week of school, I informed the principal that I would not be returning for the following school year, as I had gotten a job elsewhere. She has now stopped paying me the remainder of my salary, which is the last 4 of 24 checks. I have the original contract, signed by her, yet she is refusing to pay.

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Teacher Pro-Rated Salary

    I would first contact the board of the school to go over the head of the principle. If that doesn't work you will need to take legal action.

  3. #3
    Join Date
    Jun 2017
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    4

    Default Re: Teacher Pro-Rated Salary

    There is no board. It's a small private school.

  4. #4
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    Oct 2016
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    4,301

    Default Re: Teacher Pro-Rated Salary

    So the principle is the final word on the issue? She doesn't answer to anyone? That is unusual.

    If it is the case then you jump to the next step. Call a lawyer or depending on how much is owed you might try small claims court.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Teacher Pro-Rated Salary

    And of course you have shown the original contract to an attorney, who has confirmed that it says what you want it to say?

    I'm not saying it doesn't. But I don't think we can assume it does, either. Not without reviewing the language that discusses what you bring to the party in exchange for those 24 checks.

  6. #6
    Join Date
    Jun 2017
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    4

    Default Re: Teacher Pro-Rated Salary

    I had a bad feeling when accepting the job, because, yes, she owns and runs the school.

    Without naming specifics my contract states:
    Our school year begins on August 1, 2016 and ends May 24, 2017. Your annual salary will be $38,000 paid in 24 payments beginning on August 15, 2016.

    It goes on to say how there is no insurance offered and there are 8 paid vacation days. That's it.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Teacher Pro-Rated Salary

    Quote Quoting mmgriffin
    View Post
    My question involves labor and employment law for the state of: Florida

    I am a teacher. Last year, I taught at a private school and was given a contract at the beginning of the year, stating my salary, and that it would be split into 24 checks, spanning from August 15 of last year until July 30 of this year. My work dates were listed as the week before school until May 24th, the last day of school. During the last week of school, I informed the principal that I would not be returning for the following school year, as I had gotten a job elsewhere. She has now stopped paying me the remainder of my salary, which is the last 4 of 24 checks. I have the original contract, signed by her, yet she is refusing to pay.
    Unfortunately, Florida does not have a Department of Labor through which you could file a wage claim, so you're on your own.

    If you plan to sue, you'll have to wait until after July 30 when all of the pay is delinquent.

    If the total amount doesn't exceed $5000 you can use small claims court. Forms and instructions should be available at your local court or on its website.

    Florida does have a Division of Corporations where you can find out the name of the actual owner of the school:

    http://search.sunbiz.org/Inquiry/Cor...nSearch/ByName

    Start by sending a demand letter to that person and see how he/she feels about getting sued for breach of contract.

  8. #8
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Teacher Pro-Rated Salary

    Were those 4 checks supposed to cover the summer or were they for periods leading up to when you quit?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Teacher Pro-Rated Salary

    ^^^A very good question, and along the lines of what I was thinking.

    If the four checks you have not received are to cover a period of time when you are not working anyway, and you have indicated that you are not returning, that can be problematic. Wage and hour laws do not require that you be paid when you do not work UNLESS A LEGALLY BINDING CONTRACT SAYS YOU DO. You have resigned, so the contract (and the exact wording of your resignation) determines whether you are, or are not, still employed; it will determine if you are, or are not, due pay for the summer when you not only are not teaching, but wouldn't have been teaching even if you didn't resign. These are not questions we can answer from here.

    You need to have an attorney in your state review the entire contract, not just an isolated portion. Language in one section can be modified by language in others. You may be due those four checks - I'm not saying otherwise. But I don't think it's anything close to a sure thing.

  10. #10
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Teacher Pro-Rated Salary

    You might want to talk to a local teachers union as well. They won't specifically help you because you are not a member, but they may give you some general guidelines in regards to the prevailing norm.

    I know that in my state the annual wage for teachers is to cover the work that they do during the school year only. The fact that its spread out over a 12 month period is a courtesy to the teachers to give them a more stable monthly income.

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