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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4967
Experience:  Extensive experience representing employees and management
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hello everyone, im back, I guess. my new question has to do

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hello everyone, im back, I guess. my new question has to do with a contract. i had been working for a school district as a private contractor providing counseling services to some students during the Spring 2010 semester. before the semester ended, I was asked by the school principal to come back for the following fall semester. During the summer, that principal was moved to another school. The new principal and I met and drafted a new contract for the Fall 2010 semester. We agreed on my salary, shook hands, was welcomed on board and was told by the new principal that it was going to take "a few" weeks" for the contract to get the rest of the signatures which included himself, the superintendent, and a committee. 6 weeks later, the principal called me and we met again to draft another new contract for a different amount of money. Then, I was sent via email, another contract with a lesser amount of money. I was so fed up with the whole process and in such a need to work that I signed it and turned it in. two weeks later, the principal told me that he had not even turned in to the district the original contract that we had signed early in august. Now, why would he tell me that? so basicaly, the principal made me drive all the way to meet with him, we agreed and drafted a contract, I signed it, gave it to him, he kept it for a few months without turning it in. meanwhile, I was held under the impression that he did and I was going to start work "any day". I am working for them now but didn't start until January 23 and I missed 6 months worth of income. what can I do legally here?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

If the contract was signed by the principal then you could sue for breach of contract for not receiving 6 months worth of income.

It would be extremely helpful to your case if you have a copy of the contract signed and dated by the principal.

Additionally, your damages may be reduced, since with all breach of contract actions, you have a duty to mitiigate damage, which in this case means that you had the duty to look for alternative employment within the 6 month period.

You can find an attorney to represent you here:

www.lawyers.com


I suggest that you hire an attorney on a contingency basis so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.
Customer: replied 2 years ago.
The principal didn't sign any of the contracts in my precence. But the vice principal was the person who drafted and printed the copy of the contracts we kept rewriting. When does a contract becomes binding? At which part of the negotiation process the "contract" becomes binding?
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Joseph replied 2 years ago.
The contract becomes binding when it is signed by both parties.

Unfortunately, you wouldn't have a cause of action for breach of contract until the date that the contract was signed by both parties.
Customer: replied 2 years ago.
What about the fact that as a school official he intervened in the process of the document being signed? Isn't that illegal or at least unethical? Is there such a thing as a verbal contract?
Expert:  Joseph replied 2 years ago.
Yes, if you had a verbal agreement in place, then you could sue for breach of contract after you and the school district entered into the verbal agreement.

Unfortuantely, it isn't illegal that the school offical interved in the proceess before the document was signed, although it was definitely unethical.
Joseph, Lawyer
Satisfied Customers: 4967
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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