What are the ramifications of breaking a charter school teaching contract during the school year in Reno Nevada? What is the appropriate amount of notice to give the employer? There is no mention of termination by employee in the contract, which is clearly a "fill in the blanks" document.
State/Country relating to question: Nevada
Just reading the documents.
Good morning,I'm sorry to hear of the confusion.I'm afraid that breaking any such contract will result in the school having the legal right to sue you for breach of contract and recover any damages that they might be able to prove were incurred in having to replace you. This could be significant substitute expenses until a permanent replacement could be found.More problematic though is that in breaking the contract, you would likely have a very difficult time getting another teaching position at any other school district, once the prospective employer finds out that you did breach the previous teaching contract.Obviously, the more notice you give the school, the more likely that they will be able to find a replacement for you and the damages would thus be minimized. at least 30 to 60 days should be given if that is possible for a good result for you.I wish you the best in 2012.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.Thank you,Doug
This is clearly a general answer and not specific to the state, county or type of school. Honestly you have not told me anything that is not obvious.
I'm disappointed that you expected a different answer. I told you exactly what might happen to you in the State of Nevada. Absolutely everything I said is relevant to your state. The fact that contract law recognized in Nevada was born out of Common Law and is applicable in all 50 states just happens to be a fact. It neither makes my answer incorrect or lacking in any respect.You asked a question and I provided a thorough answer. That the law is not in your favor is hardly my fault.If you have a very specific follow up question, I will be happy to answer it for you. But your question was quite general in nature---it dealt with basic contract law. Nothing more, and nothing less.Doug
Okay here are specifics . . .
In the letter of intent issued on June 15, 2012 it states:
After confirmation of your employment, notice of termination of employment will be (2) months' notice in writing or (2) month's salary in lieu of notice from either party.
note: months' and month's are exactly as shown on the document
In the employment agreement dated August 6 2012, and presented for signature August 10 it states:
5.1 Termination The employee may be terminated, dismissed, or suspended without pay during the term of this Agreement for any of the following reasons:
(a) . . . . . . . . . .(w)
note: no mention is made of notice, time frame or termination by employee
Does paragraph 8. in the letter of intent still apply ? Does it give the employee the right to terminate with two months notice?
Thank you for the additional information. That makes all the difference in the world.Whether the letter of intent may be entered into evidence depends on the way the contract itself is worded. Most contracts state near the end of the agreement that the language in the written contract is the ONLY thing that is being agreed to, and that no other alleged agreements/promises relating to the contract if they are not contained in the written contract, will have any force or effect. If that language is in your contract, it eliminates the "out" that the letter of intent gave you. If the contract is silent in that regard, then you should be able to rely on the letter of intent to avoid the contract by giving 60 days notice.You may reply back to me again, using the Reply to Expert link, if you have additional questions.Would you please rate me highly now, based on my assistance to you in understanding the law.I wish you the best in 2012,Doug
27 years legal experience and I keep current in Employment Law through regular continuing education.
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