I started to write you and may have submitted by accident.
Ok, if I take the year and ask for attorney fees as well as compensation for damages, do you have a suggestion on how I come up with that figure?
Response 1: Your Attorney should keep careful record of his/her time and submit his bill to you. You can then use that figure. As for other damages such as for emotional distress, you would need to have record of your visits to your doctor's offices, items bought to relieve your stress, time spent not working because of stress. Then calculate the value of the loss of time by multiplying the hours lost by your hourly compensation rate plus you doctor's bills and other incidental expenses.
Would this be upfront or at the end of the year?
Response 2: It should be upfront because the damages are already there. You have already incurred Attorney's fees and suffered stress b and incurred other expenses ecause of this situation..
Can you suggest a fair trial time?
Response 3: 90 days.
What if the therapist who resigned want to work with me again because I got the contract back ? What do you suggest?
Response 4: You need to have the therapist sign another contract with another non-compete to be on a safe side.
If the trial time determines that it won't work and I don't have cooperation from therapist or enough staff due to the schools Interference, does that still mean I waived my rights to suing?
Response 5: It depends on the terms of your contract. So, whoever is drafting the contract should make sure to account for all the contingencies. That is, if it does not work out after the trial period, you either retain your rights to sue or the school pays you a lump sum for waiving your rights to sue.
If so, what should I expect to get after a trial period determines we can't do the services ?
Response 6: You should be paid for the 90 days worked plus the lump sum to waive your rights to sue and for releasing your therapists to work for the school district.
Finally if I don't do the year and waive my rights to sue the school and district could you suggest a way to determine a figure. The gross amount per month was approx 12,000 to 19,000 per month. Usually 15,000.
Somehow the district told my lawyer our services are approx 70,000 per year. I think the year offer was not for all 4 students. Just 1 large case that was about 6 to 7 thousand a month. Sorry but a lot of info was thrown at me in a short amt of time.
So assuming the year is for only one case. If I don't do the year and ask for compensation instead, can you suggest how I figure out a number for that?
Response 7: No need for an apology. I am here to assist.
The amount per month multpled by 12 months. Since your usual contract is between $12,000.00 and $19,000.00, I would go with higher amount of $19,000.00 and multiple that by 12 months. Also, if the district argues that the amount is high, you should counter that you are releasing the therapists from there non-compete agreements to work for the district.
You are quite Welcome!