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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12355
Experience:  Significant experience in all areas of employment law.
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I signed an early hire 194 day teacher contract with Fairfax

Customer Question

I signed an early hire 194 day teacher contract with Fairfax County under the premise and advise from human resources that I would be able to apply for and take another technology, or administrator position on the US salary scale. In turn, I was offered a technology position, which I accepted; however I was told that I could not take it because I accepted the teacher contract. As this point, school has already started and FCPS has not yet cleared me in terms of my background check (I think this is to spite me). Thus, I am no longer working 194 days as specified, does this negate the contract under simple tort law of offer and acceptance?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

First, to clarify, this is a matter of contract law, not tort law. The latter pertains to injuries to your person.

Under general principles of contract law, a contract can be rescinded only if there is a "material" breach. A material breach is not just any violation of the terms, but a violation so substantial that it deprives the other party of any substantial benefit from the contract. In most cases, being deprived of a few days of a 194 workday contract would not constitute a material breach because substantial benefit is still derived from the contract. Thus, this would not typically be grounds for rescinding (what you refer to as "negating") the entire contract.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 10 months ago.

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