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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12955
Experience:  B.A.; M.B.A.; J.D.
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Hello, I would like to know what legal recourses I have

Resolved Question:

Hello,

I would like to know what legal recourses I have if I am being terminated yet have not breached any agreement in my contract nor have been accused of a specific breach of contract (I am a teacher, and someone on the school board wants me fired because she found a picture of me from four years ago on my private Facebook account in a music festival, wearing fishnets but not showing any nudity).

My contract is up at the end of July, yet they only agreed to pay me my June salary. On top of that, I have already signed a contract for the following school year, which begins at the end of July 2013 till July 2014.

The contract included a $500 a month housing stipend and since I signed on to work another year, I also signed another year lease at my apartment.

What are my options?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Are you part of Union?

If so, have you contacted your Union Representative about your issues?
Customer: replied 1 year ago.

No, I am not part of a Union.


Also, my school is abroad but it is US accredited, it is on the US State Department website and I get paid through an organization in New Jersey, Buck's County (that is also who my contract is signed with).

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.


Your initial post:
Hello,

I would like to know what legal recourses I have if I am being terminated yet have not breached any agreement in my contract nor have been accused of a specific breach of contract (I am a teacher, and someone on the school board wants me fired because she found a picture of me from four years ago on my private Facebook account in a music festival, wearing fishnets but not showing any nudity).

My contract is up at the end of July, yet they only agreed to pay me my June salary. On top of that, I have already signed a contract for the following school year, which begins at the end of July 2013 till July 2014.

The contract included a $500 a month housing stipend and since I signed on to work another year, I also signed another year lease at my apartment.


What are my options?



Response:
You need to be paid for the month of July when your current contract ends. So you need to make official written demand for payment for the month of July pursuant to your contract. If not paid, that would be part of your lawsuit against the school.

If indeed you are terminated, then you would file a lawsuit for breach of contract and for the school to pay for your full contract and pay for any penalties that would you incur for breaking any lease you have signed as a result of the school improperly terminating your contract. If you cannot honor the lease that you just renewed because of your termination, then the school must bear the consequences.


You need to retain the services of a local employment Attorney to sue the school for breach of contract. Once the school is sued, they may rethink your termination or pay you off to stop the lawsuit. You can use the following sites to find local employment Attorneys in New Jersey to assist you with your case:


http://www.lawyers.com




http://www.justia.com




Let me know if you need additional information.



Customer: replied 1 year ago.

My last question is should I sue in the US or in this country (Guatemala)? The school is in Guatemala but I am paid through the US and my contract is with a US company.


 


Also, if I sue or ask them for a settlement, what would be the amount I should ask for? The full year of payment for my next year's contract I already signed or 6 months, plus housing fees?


 


Also, since they are firing me verbally with no real cause, I am going to ask them for a written letter with the specific cause of termination detailing which part of the contract I breached... What information should I gather to counter whatever they might put in that letter?


 

Expert:  Phillips Esq. replied 1 year ago.

My last question is should I sue in the US or in this country (Guatemala)? The school is in Guatemala but I am paid through the US and my contract is with a US company.

Response 1: U.S.

Also, if I sue or ask them for a settlement, what would be the amount I should ask for? The full year of payment for my next year's contract I already signed or 6 months, plus housing fees?

Response 2: The full year of payment for next year's contract plus housing fees.

Also, since they are firing me verbally with no real cause, I am going to ask them for a written letter with the specific cause of termination detailing which part of the contract I breached... What information should I gather to counter whatever they might put in that letter?

Response 3: You would gather the information that you would prove the opposite of what they state are the reasons for your termination. So if they say you were fired for XYZ, you would gather evidence that you never did XYZ.

Customer: replied 1 year ago.

And is there a specific code in the constitution which protects me against this kind of wrongful termination?


 


Also, if this goes further, can I submit a complain to the US State Department or the accreditation or committee? Or who would I talk to next?

Expert:  Phillips Esq. replied 1 year ago.

And is there a specific code in the constitution which protects me against this kind of wrongful termination?

Response: There is no specific code in the constitution in relation to your case. However, your rights to enforce the terms of your contract are protected under basic contract law.

Also, if this goes further, can I submit a complain to the US State Department or the accreditation or committee? Or who would I talk to next?

Response 2: Apart from the entity that you mentioned and you seeking redress in U.S. Courts, I cannot think of anyone else that you would speak to next.

Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12955
Experience: B.A.; M.B.A.; J.D.
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