Legal Question in Education Law in Massachusetts

paid for wrong degree status

In 1994 I notified the school system, in writing, that I had enough credits to move from Bachelors to Bachelors +15 salary status. In September of 2006, I asked the school system if I was being paid at the Bachelors +15 salary step. I sent 2 emails to the school system indicating that I was being paid only at the Bachelor's step. The reply said that this would be investigated and corrected. By the end of the 2006/07 school year, I was still not put on the correct salary step. In July of 2007 I went to the school department offices in person and was told that the problem would be corrected. I was also told that I would only be paid at the correct level for the 2006/07 school year. I explained that the school system was responsible for the error for all of the prceding years, when I was not paid at the levels indicated in my contracts. The school system agreed that they had made the error in not paying me the correct salary, but I was told that they were not liable for any other back pay because I had waited too long to notify them. I do not understand why they can admit that they did not follow the language in legally binding contracts, and have no liabilty to make it right! This also affects my retirement benefits.


Asked on 7/25/07, 3:56 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: paid for wrong degree status

This problem should go through your union, if you have one.

If you have a contractual right, and notified the School committee, you can press your claim for all overdue pay which is within the statute of limitations.

You may also wish to bring this to the attention of the Attorney General's office, which has a division on labor that can assist you.

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Answered on 7/26/07, 7:00 am


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