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kamcollins · Sep 4, 2007, 06:33 PM

I worked for a charter school. We had a verbal agreement that my salary for the year would be divided by 12. (12 checks) I received 11 checks for the year. The fiscal year was September 06 - August 07. Again, I received 11 checks. They are telling me that they do not owe me another check because I did not provide a service in August. What they do not understand is that services had already been provided. My last day was July 31st 07. More info. The school reopened under another name/new ownership.

ScottGem · Sep 4, 2007, 06:37 PM

Do you have anything in writing that shows how much you were supposed to get for the year? If so, does your 11 paychecks add up to that sum? If not, then you have a case.

kamcollins · Sep 4, 2007, 06:45 PM

Your answer helped a lot. Yes, I have the budget and I did ask for the fiscal year checks to be mailed to me. When I received the checks in the mail for the year, I received 11 checks. I have emailed them (they want talk to me personally). The response that I received from them is that I had been fully compensated for the fiscal year. Even if they divided the checks by 11 they still owe me money. I spoke with an attorney's office today and they gave me a number to the National Labor Board to call. I will call tomorrow. At this point I am concerned about Next Steps and do not have a lot of money to go to court.
Thanks

ScottGem · Sep 4, 2007, 06:50 PM

I suspect the amount they owe you is small enough for small claims court. So if you can prove how much they agreed to pay you for the years and you can show the checks did not total to that amount then you should be able to win. If you can show the amount of the checks were 1/12th the annual amount, then you have confirmation of your verbal agreement.

BUT and this is a big but, even if you do win, you may have a big problem collecting. Since the company that ran the school closed, there may not be any money to pay out. If the company has closed down, there are proably no assets to go after either.

kamcollins · Sep 4, 2007, 06:55 PM

I can prove that they owe me. I agree that I will have a hard time probably collecting. I think they have used every penny at this point to pay creditors.
We are talking about 5400.00. Small claims is 5000.00. I guess I could just go for the 5000 and forget the 400.
The sad part about it is that they know they owe me and more than likely they are intentionally paying creditors and not employees.
I can probably go after the individual board members??

ScottGem · Sep 4, 2007, 07:02 PM

Not sure about going after the board members, depend on the terms of the charter. But good luck.

kamcollins · Sep 4, 2007, 07:07 PM

Thanks for all your help. Will keep you posted.

excon · Sep 5, 2007, 08:32 AM

Originally Posted by kamcollins

I spoke with an attorney's office today and they gave me a number to the National Labor Board to call. I will call tomorrow. At this point I do not have a lot of money to go to court.

Hello kam:

I just coined a phrase that I liked so much, I'm going to repeat it for you: Courts have TEETH. Bureaucrats have LUNCH.

Small claims court is quick, cheap and easy. Go kick butt.

excon