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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Through my company I hire instructors and conduct summer camps

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Through my company I hire instructors and conduct summer camps in writing for students between the ages 6-18 years of age. We rent out locations and teach there. This summer one of the locations that we have rented is a school. This is our fourth summer at this school and we have never had any complaints nor have there been any complaints about our students and instructors. This time however, things are different.

The personnel of the school are harassing my students and staff. Today one lady kicked the lunch box of one of my students and almost kicked a kid. In addition to the fact that they are bullying my students and making it an unsafe place for them, they are also hurting my companies reputation. What legal recourse do I have?
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

You would have two legal recourses if you are are unable to reach an amicable resolution with the principal and the school.

1. You can sue the school (school district if it is a public school) for tortious interference with contractual relations.

Since they are damaging your summer camp's reputation as well as creating a possibly unsafe environment for students who are at your camp, they are interfering with your contractual and/or economic relationship with the students and their parents.

If any of your students drop out of the program or if their parents request or demand a refund due to the issues being created by the school's personnel, you would be able to demonstrate that you were damaged as a result of the school personnel's interference with your school's operations.

2. You could sue for breach of contract against the owner of the school (again, school district if it's a public school) for the rental agreement.

Every contract includes a duty of good faith and fair dealing. In this context that would mean that you can use the school for your camp and would not be interfered with by the school's personnel.

If the personnel's interference prevent the camp from running properly, damaging the camp's reputation and the students' experience at the camp, you can sue for breach of contract based on the school personnel's interference which isn't allowing you to use the school as intended in the contract.

Although not a direct legal remedy, you also may want to contact the school board (if public school) or board of directors (if private) regarding the conduct of the school's personnel, in addition to contacting the principal if that doesn't work.

I imagine that even though the students are yours and not the school's that they would not tolerate the school's personnel's harassment of your students and staff (especially since it could expose them to legal liability). That could give them a great incentive to take disciplinary actions against the staff members that are harassing your staff and students and allow for your camp to run without interference with from the school's staff.

Finally, if a school staff member is engaging in violent or threatening conduct, you can report their conduct to the police in addition to the school board, as it would be illegal for the school's staff to touch a student without consent (let alone kicking a student). In fact, if the lady intended to kick a student when she kicked the lunch box that would be enough for an assault case to be filed against her.

Since my goal is to provide you with the best service today, please don’t hesitate to ask me any follow up questions you may have.

If you don’t have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Thank you for your positive rating of my service!

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Thanks again and best of luck!