Contract law for teachers? I signed my contract at the end of the year to renew for the '06-'07 school year.

Question

July 14th was the last day to void the contract. I received a job offer at 2:30 on July 13th and called the office July 14th to void my contract but they were closed. I called the next business day and they said "too late, contract is valid". I then filed another resignation letter...and found a replacement for my position...which is what the Super said I had to do to get out of my contract. They still say they won't let me go. I think they are trying to stall so the other school has to hire someone else and I have to come back to them...or worse, they honor my resignation and I have no job! Do I have a case for A. getting out of contract for resigning on time B. getting out of contract by resigning after deadline but found replacement C. suing for damages due to lost wages for pay increase at school that cannot wait for this matter to be resolved to hire me D. suing for damaging my career since if I do sue I will probably never be able to teach in my state again.

SERIOUS ANSWERS!!!

Answer 1

A contract is an agreement between two parties. It shows what each person must do under terms of the contract. Failure for either party to fulfill his or her side of the contract is a breach of contract. The contract agreement should have spelled out certain remedies in the event of a breach. You have a copy of your contract and so it should state what will happen if you fail to teach at this school next year, should you get into trouble or pose a danger in class etc.

You are not bonded to work for the school and they are required to mitigate any damages they may incur, but I'm not entirely sure what those would be (unless you have used benefits since your last contract expired). An employment contract is generally more beneficial to the employee than to the employer and we typically only see them for union employees or sports starts.

Remember Dave Chapelle? He breached his contract and didn't pay a dime, of course he wasn't paid a dime either.

If you want to leave, you may. It may burn some bridges for you, but you have to determine if that is ok. Your current school would most likely make a terrible reference. They would have to sue you to get anything out of you.

Slavery is illegal in the United States, you are never bonded to work.

Talk to your union rep, read your contract, talk to your principal, and talk to your new school. You can work it out through negotiation. Be firm.

Alternatively, you could go work at the other school and call in sick everyday until your old school fires you.

Answer 2

Who is the "they" to whom you have been speaking? The principal at your current school or the human resources department in the school district? Ideally you should have postmarked a resignation letter July 13, and/or sent it via email to the appropriate party. Given that you found your replacement, the school hasn't really been damaged. Even though, yes, you had a contract, it's not likely that the school district is going to take you to court for leaving for another position. Especially since it is before the 2006-2007 school year begins, and they have time to hire someone to replace you. Teachers do this frequently.

Answer 3

Your question is largely dependent on the language in the contract. It also may depend on the state in which you reside and/or the state where the contract is made. First, the contract should specify what constitutes "notice" for purposes of the election you are making to accept/reject the job offer. That language is relevant to effecting a valid notice. Without those details, it is impossible to provide an adequate and complete response.

Second, state law may have something to say about your situation. State contract law (and the common law interpreting it -- "common law" means the case law that applies to the situation) contains many means to interpret a contract, invalidate certain provisions that are unlawful and "fill in the blanks" of a contract that is not explicit on an issue (in this case, what constitutes notice. For example, if notice must be in writing delivered by the U.S. Mail, a common rule known as the "mail box rule" may govern if that particular state has adopted it. The mail box rule basically says that notice is valid upon mailing -- the rule is intended to give the notifier some comfort that their notice is valid, and the U.S. Mail is deemed a reliable form of delivery (though we may dispute such reliability!).

There are many other issues that may be relevant to this situation but the starting point is the contract/offer.

PLEASE NOTE THAT MY RESPONSES ARE NOT LEGAL ADVICE AND ARE NOT INTENDED TO AND SHOULD NOT BE RELIED UPON.