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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19686
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I quit my teaching position and want to pay them the $2500

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I quit my teaching position and want to pay them the $2500 because I broke my contract. I could not handle it because of stress and I am seeking counceling because I just could not handle the job. I had only been working for 4 weeks with the district. They are trying to tell me that I have to be released by the governing board or else I am liable to the terms of the contract. I know it says that I owe $2500 for breaking the contract. Is there any thing else I am liable for besides the $2500. They are making it sound like I still have to work if the governing board does not release me. Can they still sue me even if I pay the $2500?

Pursuant to A.R.S. § 15-545, any Teacher resignation without prior Governing Board approval shall be deemed to be an unprofessional act. Teacher recognizes that the District will incur expenses of securing a replacement and possibly costs for a substitute in the event that the teacher does not fulfill his/her obligations under the contract. In the event that the teacher fails to report to his/her assignment or resigns from employment with the District, effective prior to the end of the term of this contract, employee agrees to pay the District the amount of Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages, and not as a penalty. The Governing Board may waive this payment if the employee's non-performance results from circumstances beyond his/her control or from an agreement for a resignation in lieu of dismissal. The District may withhold all or any part of these liquidated damages from any amount payable to the Teacher after receipt of the resignation or a failure to report for duty, and may take any action, including filing suit, to collect the liquidated damages. Teacher shall reimburse the District for any collection fees, attorney fees, court costs or other reasonable expenses incurred by the District to collect the amount owed as liquidated damages.

Thank you for the information and your question. No, according to the statute the damages are limited to the $2500 liquidated damages set out in the statute. There is nothing in the statute that would allow the school district to sue for specific performance or for any more money.

Please let me know if you have a follow up question. I would be glad to assist you further if I can.
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