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First of all, sorry if there is a "lawyer" or "law" section on the forum, I could not find it. Moderator please move if there is.
I currently work as a part-time Custodian for a school district, and I am in a union. I work 20 hours/week, 4 hours a day. Often times over the school year, (if someone is out) and every summer, I am asked to come in to work Full-Time and I am approved to work Full-Time by the Superintendent.
Now, there has been a question in the past about Holidays, Sick days, etc. The principal of my school at first told me, because I am only part time, if I were to use a sick day or if there is a holiday I would only get paid for 4 hours, because technically I am a part time employee.
So, over the summer if I used one of my vacation days, I would still come in to work for 4 hours, and my vacation day would be 4 hours...so then I could still be paid for 8 hours.
Hopefully, to all who reads this you understand what I am saying! What happened after this was I got in contact with someone from Payroll, who told me (her words copied from the email!):
"No, You were approved to work full-time instead of half time. Essentially, your hours are changed. Therefore, when a half time Custodian works full-time, they accrue sick and vacation at full time rates. They also get paid for full days, even when they're out."
I did NOT know this. It was fine, I told my principal and the guys I worked with and it was understood that if I used a vacation day, a sick day, or there was a holiday I would indeed be paid for 8 hours. Thus, I was in fact paid for 8 hours all summer (last year) and for any sick days.
This summer rolls along...and I noticed all of my paychecks were wrong. I was now NOT being paid for holidays, sick, etc. So I emailed the same woman in Payroll, who now states:
"You were approved to work extra hours for the summer, you were not hired as full time, therefore you get paid for the hours that you work. This is why you still receive your 4 hours for the holiday pay and vacation time used. You do earn extra sick and vacation time for July and August since you worked equivalent to full time hours."
So....I don't know what to do. They went back on what they said. Can I sue them for wages? I just sent an email back asking why I got paid last summer but I haven't received anything yet. I feel as though I am being mislead and most of all that they are screwing me!
By the way the union is pretty useless, they don't have anything in the union contract in regards to any of this. I'm pretty this is just what they make up.
To me it sounds like her first response related to the regular school year. After that ended, you were approved to work extra hours for the summer, but not hired for the summer as a full time employee. If that's the case, nobody lied or went back on anything.
What happens now that school goes back in session? Are you again considered full time?
You got it wrong...The first response is related to the summer. I am always asked to work Full Time over the summer. She stated that I am supposed to be paid 8 hours for holidays, etc during the summer...(even though I'm technically a part time employee) And I was indeed paid 8 hours for the holidays, etc for the last 2 summers without a problem. It was understood by everybody in payroll and the people I worked with.
Now all of a sudden, she's saying actually nope, thats not the case, we're not paying you 8 hours this summer for the holidays etc. She went back on what she said or is lying or just has gotten wrong the past 2 summers.
When school goes back in session I am considered a part timer.
If it's not in the union contract, you're screwed. You can talk to an attorney for a free consultation, if you can find one in your area who will do that. You can get paid only for the hours that you have worked. You can not get paid for hours you have not worked. If your contract says you get paid for sick days, vacation, etc. then you should get paid. If there are specific stipulations in your contract that address that issue, then that will stand in court, regardless of any verbal agreements or promises made. What other people tell you makes no difference. People say all kinds of things. You have to read the fine print when under any contract, as that usually takes precedence in court of law. Good luck.
As someone that worked in a school district I can tell you this. Before you do anything check your contract. Look at the FTE level and look at the time because frankly there can be differences in terms of times. Keep in mind there's no such thing as a verbal contract. In government everything is based on documenting. It doesn't matter if it's a box of staples or a 50 million dollar building.
Not everybody that works has a union contract though...and she technically sent me an email stating that I was supposed to be paid as a full time employee for the holidays....I also have the paychecks that show "Vacation-8 hrs" or "Holiday-8 hrs"
I'm owed like $800 for the summer. I'm not going to keep doing extra work if they're going to screw me. I'm just not going to work full time when asked.
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