How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Can I break a contract with my school district in Arizona if

Resolved Question:

Can I break a contract with my school district in Arizona if I am seeking a "promotion" in a different district? I have a "Guidance Counseling Certificate" through the department of education. My job title was changed this year from "guidance counselor" to "guidance advisor" (It is apparent that this was done so they no longer have to pay us Prop 301$ and so they will no longer be required to hire people with Masters Degrees to do the job). In addition, my job description was changed to exclude Personal/Social counseling as one of my duties. A nearby district is hiring a "guidance counselor" with Personal/Social counseling responsiblities and increased pay. If I can break my contract for a promotion without losing my certificate, can I successfully argue that this new opportunity would be, in fact, a promotion?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

Are you stating that your contract has a clause in it that allows you to terminate early if you are seeking a promotion in another district?

Thanks,
ZDN
Customer: replied 2 years ago.


No. The contract states "if advisor resigns without advanced governing board approval, the resignation will be deemed to be an unprofessional act that may subject advisor to disciplinary action by the state board of education, up to and including suspension or revocation of the guidance counselor certification and/or any valid Arizona teaching certificate held by advisor."


 


No clause regarding early termination in the contract- no reference in the contract or any other district resource I can locate that addresses whether a precedent exists for using "promotion" as grounds for termination. There seems to be a precedent of Governing Board approval for teachers who leave for administrative positions, but no precedent for "advisors" seeking "counseling" positions, as the title "advisor" (and the subsequent changes in job duties) have not existed in my district until this year.

Expert:  TexLaw replied 2 years ago.
If there is nothing in the contract which provides for early termination without authorization, then I'm afraid that there is no way to terminate the contract without incurring the potential penalty.

The only way for you to go forward on taking the other job without is to obtain approval of the governing board. The Arizona state education code does not provide any help for you here either that I can see.

Are you a member of a teacher's union or other teachers association which might be able to advocate for you before the governing board to persuade them to allow you to terminate the contract early?

Also, have you contacted the other school to see if they would assist you in advocating for allowing you to terminate your contract?

As a voluntary agreement from the governing board is the only way to get you out of the contract, these are the only solutions I can think of for your situation.

Please let me know if you want to discuss this matter further or need any other information that can help you in your endeavor.

I wish you the best of luck,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
TexLaw
TexLaw
Lawyer
4213 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs