Contract Issues

[Angusbeef]

What is the name of your state?I work for a k-12 public school district in Iowa. I was hired out of college last year in July(beginning of fiscal year) in an Information Technology position. During my first week of work I talked to my fellow employees about the possibilities of further advancements. They told me that there was a system of 4 levels of pay for my position. I then talked to my direct superior and he also confirmed this system was in place, and I also saw a sheet of paper with the 4 levels and their requirements outlined. Each level was achieved by earning a certain certification. In January I began my pursuit of these certifications.

I achieved all three certifications by the end of May, in time to be recognized at the end of the fiscal year this July. After this time my direct superior began budget meetings with HR and informed me that they appeared to have no idea what he was talking about when he mentioned the pay levels and vaguely remembered when he showed them the said outline on paper.

Recently they met and it was determined that these guidelines were still in discussion and were never finalized and therefore will not take effect. However they are setting January of next year as a deadline to iron out the different levels of pay for the department.

I met with my bosses superior today and he reinforced what I had already learned from my boss and told me that since there was nothing in writing that was signed, there isn't anything I can do. He said that it was a miscommunication on Human Resources part and that the Superintendet was pretty adamant about fixing the issue by January.

Here are some other known facts:

I was hired as part of the creation of a new department that is not part of a union. New pay scales were set up as part of the creation of this department and the addition of myself and 3 other employees. I was aware that the department and the pay levels were new, but as far as I knew they were district policy.

Another employee who has the top level certificaion is paid what the top level pay was listed in the document that I talked about above. Last year I was paid exactly what the bottom scale was listed at in the document. This proves that this scale said to be unofficial was actually used to set up the current contracts. I have all three level certifications and a BA degree, therefore fit into the top level as described, or at LEAST the 2nd or 3rd levels...NOT at the lowest level.

Another employee who is in the same boat as me spoke with the head of HR last year and was told over the phone about his contract and also of the 4 levels of pay and the required certifications.

Up until last week when I learned of the issue, I took the word of my boss who was speaking on what he had learned from HR on what the certification levels would be. I had no reason to question these and feel that I was very mislead and even lied to.

I still am going to meet with everyone in the chain of command up to the superintendent, but is there really nothing I can do since there was nothing in writing? I never had a reason to believe that there was NOT anything in writing and was even shown an outline, though it was not signed.

Thanks

 

[Beth3]

For the sake of discussion, let's assume everyone in management at your organization is in agreement on the requirements for these certification levels.

Where or when did anyone GUARANTEE that an employee achieving the requirements of those levels would be promoted and given a pay increase? Just because an employer CAN promote someone if they satisfy certain requirements does not mean that they HAVE to promote anyone.

Nothing in your post suggests that a contract, oral or otherwise, ever existed.

 

[Angusbeef]

When I was hired I was told by my fellow employees and my boss that they paid strictly on these certifications and that any certifications achieved during the year would take effect the next fiscal year in July. I had no reason to dis-believe what they were telling me, or have any reason to think there was nothing in writing.

Previous to my employment and the revamping of the department there existed only 2 levels of pay and once employees acheived the certification to be moved to the high level, the adjustment was made immediately. After my employment and the revamping the scale was supposed to be adjusted to 4 levels.

Another employee who pursued certification and didn't recieve a raise had talked to the head of HR on the phone the previous year and he was told by her that there were 4 levels and they required certain certifications.

The example I have been given in the past is that it is like a teacher who recieves a masters degree. They are automatically given a raise.

The superintendent of the school district was under the assumption that the plan discussed with the 4 levels was already in place and was very upset to hear that a year later it was still not figured out.

To answer your question, there was at most a verbal guarentee between the said employee and the head of HR. My boss was also under the same assumption based on what he heard verbally. There was never anything in writing.

I have always been under the impression that the raise was automatic once certification status was achieved; so has everyone in my department because it has been that way in the past. Now it was no different, just 4 levels instead of 2. In the discussions with HR, my boss, his superior, and the superintendent, this has been assumed to be how it works.

Am I SOL?

 

[Beth3]

Am I SOL? Probably but at this point you'd need to consult with an attorney as EXACTLY what was said to you at the time of hire, as well as any applicable case law in your State, is the key issue.

1. If the employer purposely mislead you during the recruiting phase in order to induce you to accept the job, you might have a cause of action against them. (It's unlikely that the employer did so however.)

2. If company policy/practice changed after you were hired, that's the way the cookie crumbles.

3. If the pay/certification system was in flux at the time you were hired or there was some confusion between line management and staff management as to what the requirements were, that does not provide you with a cause of action.

4. You and others being "under the impression" that pay adjustments were automatic when certification was achieved does not obligate the company to comply with your impression.

5. In the great majority of instances such as this, the "at will" doctrine overrides other considerations. What that means is if you don't care for the terms of your employment, you're free to walk away any time you like.

 

[Angusbeef]

Beth3,

Thanks a lot for your advice. I was pretty sure there wasn't anything I could do, but I wanted to be told by someone else since I have no background in law. Hopefully if the superintendent is actually upset that nothing got done I can plead my case to him and maybe he will do something. Otherwise it sounds like I'll have take my shiny new certifications elsewhere.

Thanks again for responding.

 

[Beth3]

You work for a school district, right? Unless yours happens to be outside the norm at present, they are virtually all suffering from major budget deficits at the same time there is a high degree of public pressure not to raise property taxes (or whatever taxes your State uses to raise revenues and fund school districts.)

That could well be the heart of the matter. It would serve your employer better simply to tell you "we have no money" than to go through all this other rigamarole if this is the issue.

 

[Angusbeef]

Its true that we do have budget problems. But I think it has more to do with how things run in the school district. Money is out there as we have had 2 positions eliminated and will not be filling them anymore. Our HR department is notorious for messing everything up and not handing out proper information to the right places, I'm positive that this is most of the problem. There are many many stories that could be told about the HR department. Yet another reason I need to find myself a new place of employment.