Breach of Contract Legal Issues Involving Teachers
Provided by HG.org
Contracts for employment bind teachers to an administration and a school district. Equally, these educators are provided the benefits and employment length of the legally binding agreement period, and this may entail laws, the offer, and other considerations that could affect the school board and the students.
Approval of Contracts
The school boards of the corresponding areas where the teacher has become part of approve the contracts, renew the employment periods, dismiss the teacher and may not renew the legal agreement based on a variety of factors. It is often necessary for the board to ratify the contract before it is binding per the state laws in effect. This may lead to a principal hiring a teacher but the contract not being accepted or ratified until the school district has completed the offer and terms with the document. In some instances, this could end with a teacher not acquiring a job when the two parties are not in sync.
Contracts through Handbooks
The handbook that is provided to teachers is similar to employees in a company where the terms are legally binding and may provide additional benefits or longer contractual employment periods than were discussed previously. It is possible to pursue action through the courts when the administration attempt to refute the conditions set forth in the handbook. However, this is not possible when the handbook itself explicitly states it is not a contract and no terms are binding but those in the contractual agreement for work. However, the information in the booklet is a guide and provides details that are necessary to know going forward.
The Contract, Breach and Remedies
Contracts are often breached by either of two parties in the agreement. For educators, this is either the teacher or the school district. Members of staff may cause the contract to become void based on very specific actions. This may be determined by the case, the teachers, terms of the contract or how the school district handles various activity. A large negative in breaches is when the school district dismisses or terminates the contract of employment when the educator has not violated any terms or conditions. Many times, this is due to a leave of absence that is not in breach of the clauses in the contract. The teacher may do so by resigning before the contract term ends.
As with most contractual breaches, the remedy is a negotiation of monetary damages. For the teacher, this means an amount that would have been received through the rest of the contractís term minus any alternative employment that could have been acquired in the interim. For the alternative remedies, the school district may be required to hire a new teacher, comply with contract terms, reinstate the educator or similar circumstances. The teacher may be required to pay for replacement educator
fees when he or she is in breach. This affects him or her more when he or she has resigned before the end of contract term.
Damages and Resolution to a Breach
If the school board or administration is the cause of the breach of employment contract, the teacher is owed damages. In certain instances, he or she may be able to obtain reinstatement and continue teaching instead of monetary compensation for the invalid dismissal. However, the income earned through these circumstances is often enough to seek a new place of employment without the need to worry about money in the interim. However, the teacher should ensure he or she does not breach the employment contract to save himself or herself from hundreds or thousands in fees for the school administration to find a new teacher.
The remedies are necessary so that a resolution to the breach is possible. However, in many of these events, the conclusion of the matter may take weeks or months. If it becomes complex and complicated with multiple persons involved, the breach or similar situation could take years before a successful resolution has been achieved. In these circumstances, it may be better to negotiate long before the case could stretch over several months. This leads to the hiring of a lawyer.
Lawyers in Teacher Employment Contract Breaches
Legal representatives are hired to analyze contracts constantly, and the clauses, terms and conditions are what affect the situation and relationship between the plaintiff and defendant. Through the lawyer, it is less difficult to navigate the legal waters to conclude the matter and achieve the necessary remedy for the contract breach swiftly.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.