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Breaking a contract before starting?
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Mon May 04, 2009 7:00 pm    Post subject: Breaking a contract before starting? Reply with quote

So here's the thing, After six years I've learned to have a backup plan. SOmething always goes wrong. For example, here are reasons I've backed out of contracts after I've signed.

1. They said that since I lived in China I would have to first be quarantineed in Thailand for 15 days before going to Taiwan. This was during SARS.

2. I was told that there were mandatory prayer sessions afterschool.

3. The school was closing because one of the partners was embezzling money.

4. Teachers decided to stay so they didn't need me.

5. After 3 tries and 2 months, I finally got a CRC notarised by the state of IL, sent it to be notarised. My mom put it ontop of the microwave and promptly recycled it the next day.

6. After two months of waiting for my invitation letter, I decided that they were too unorganised and went with another school.

Now I've accepted three positions and signed three contracts. And so far, they all seem like really great schools. DOn't get me wrong, my intention isn't to play one school off the other and say, "well, X school offered me Y, unless you give me a higher salary, I won't teach at your school. "

NOw obviously I can't start at all three schools. I know that the truth is the best method, but who wants to hear that you've signed with other schools just in case things don't work out?

Any ideas on how to get out of contracts without stepping on people's toes?
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west2east



Joined: 03 May 2009
Posts: 120
Location: China

PostPosted: Mon May 04, 2009 9:07 pm    Post subject: Reply with quote

I don't see that there is a 'solution' that would ease your conscience. On the one hand, you've been dealt a raw deal and I don't blame you for signing three contracts - after all, all you are doing is looking after number one. On the other hand recruitment is a tough business and finding the right person the job is always touch-and-go for the school. I think if a teacher backed out of an offer after they accepted, I'd be a little peeved, but by the same token - s*** happens, no one died and it's a small blip in the grand scheme of things.

I am not saying what you did is right or wrong, but you will have to accept that you will tread on someones toes in the process. Whatever the outcome, I wish you well and hope the new job works out ok.
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fladude



Joined: 02 Feb 2009
Posts: 432

PostPosted: Mon May 04, 2009 9:57 pm    Post subject: Reply with quote

I backed out of a job, not a teaching job, but a job, about four months ago. I just did a little research and my expenses for doing the job were a lot higher than I had expected. So I called the guy back and told him that he could pay me more or get someone else because I just couldn't do it for the agreed up contract price. He actually cussed me out. He went on and on. I finally had to tell him that I was laughing at him and his troubles and then I hung up on him. Well I didn't have to tell him that I was laughing at him and his troubles, but at the same time I wasn't going to be cussed at. I obviously won't ever be working with that guy again, but at the same time I just couldn't agree to work someone for basically nothing for a year. Not only would it have been unprofitable, it simply wouldn't have been possible for me to cover my overhead and do the job.

This probably doesn't make you feel any better.


Last edited by fladude on Mon May 04, 2009 10:01 pm; edited 2 times in total
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Mon May 04, 2009 10:01 pm    Post subject: Reply with quote

Just tell them you have found a job elsewhere that offers you more potential and rewards. Let them figure out what that means, and let them decide whether they want to pursue you further. Short and sweet. As long as you have not signed any contracts, why worry about anything? What are the odds that they will chase you down for something when they could spend their time more wisely by recruiting a replacement?
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Mon May 04, 2009 10:19 pm    Post subject: Reply with quote

But the problem is that she HAS signed three contracts, Glenski! Surprised So two of the employers will've halted the recruitment process quite a while ago, now face a last-minute hiring panic, and could possibly be short of a new teacher for a while. Sad
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Justin Trullinger



Joined: 28 Jan 2005
Posts: 3110
Location: Seoul, South Korea and Myanmar for a bit

PostPosted: Mon May 04, 2009 11:05 pm    Post subject: Reply with quote

That's my thought, FH. I have no reason to object to people applying for jobs they later don't accept. But accepting it and signing a contract...

If you were teaching in the US public schools, doing that twice in one year (signing a contract for a school you back out on) would damage or very likely end your career.

Don't get me wrong- I see how it happened to you, and I'm not throwing stones. But simply put, you've screwed a school over by committing then not honoring your committment.

THe only thing to do is tell them. Be blunt, be diplomatic, it doesn't matter, but as a matter of conscience, tell them asap. THey need to know in order to resume recruiting.


Best,
Justin
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Mon May 04, 2009 11:32 pm    Post subject: Reply with quote

Actually, I wasn't meaning to sound at all judgemental about what naturegirl's done, but yeah, JT, you do have to at least equally sympathize with whoever the two unlucky employers will be!
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Justin Trullinger



Joined: 28 Jan 2005
Posts: 3110
Location: Seoul, South Korea and Myanmar for a bit

PostPosted: Mon May 04, 2009 11:48 pm    Post subject: Reply with quote

I've been that employer- and I still have to say, I understand how it comes up. We've probably all been screwed on a contract or three, my most recent version of the story being this month. Don't blame you a bit, NG, for needing to keep your bases covered.

Good communication in hiring can usually avoid it. But...it happens, and it still stinks.

Best,
Justin
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Tue May 05, 2009 1:59 am    Post subject: Reply with quote

Yes I know, I wasn't thinking. HOwever in my defense, my husband is partly to blame Smile My first choice isn't his, and I'd rather him be happy then me, it's his first time abroad. Anyways, thanks for all your advice.
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Tue May 05, 2009 6:51 am    Post subject: Reply with quote

Naturegirl, I'd let them both know right away, for the reasons Justin's mentioed.

I wouldn't try to make up some reason why, though. I'd just write something like:

I am very sorry, but I must let you know that I cannot come to work for you/school name after all. Because I realize that this means you will need to find someone else to fill the position, I wanted to let you know right away. Thank you for everything.....Sincerely....

Well, I'd probably make it a bit longer and more polished, but you get the drift. I think no need for some manufactured excuses/reasons...just be straightforward.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue May 05, 2009 11:07 am    Post subject: Reply with quote

fluffyhamster wrote:
But the problem is that she HAS signed three contracts, Glenski! Surprised So two of the employers will've halted the recruitment process quite a while ago, now face a last-minute hiring panic, and could possibly be short of a new teacher for a while. Sad
I understood that, and I sympathize with the school and students.

Doesn't change my advice. Tell them you are sorry but something better has come up.

The only other things to do are...

1. Apologize and say you can't come for personal reasons.
2. Say nothing and never show up.
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Tue May 05, 2009 2:33 pm    Post subject: Reply with quote

OPgirl123contractssigned wrote:
Now I've accepted three positions and signed three contracts.

Glenski in reply wrote:
As long as you have not signed any contracts, why worry about anything?


Sorry G, but that really did make it sound like you hadn't quite got things entirely. But you're right about the rest of your advice - lie and/or hope and pray!
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jdl



Joined: 06 Apr 2005
Posts: 632
Location: cyberspace

PostPosted: Tue May 05, 2009 3:12 pm    Post subject: Reply with quote

What is done ...is done. The issue now is one of damage control. Here are some helpful steps:
1. Identify the contract you want most. In doing this you may want to consider the following:
a. What do I really want?
b. Can rejected employers do me harm in the short/long term?
c. Do these employers comminicate? If they do, be prepared for some query and have a plan. If they don't...great!
2. Take the contract you desire most...nail it down with follow up etc. You do not want to honour a contract and then have the empoyer 'back out on you". (Kharma you know.) Make sure your choice is secure.
3. Notify the other employers with a very short, simple letter such as the following, " For personal and family emergency reasons I am unable to accept employment as contrated. Please keep my resume on file for future consideration. My apologies for any inconvenience this may have caused you."
3. Move on and enjoy your new job.

It is a conscience wrenching experience to rationalize decisions but one which sets our moral compass/true north. This experience is a wonderful, though tense learning opportunity for which we become more internally secure; as long as we arrive at our decisions using a process that can be logically rationalized. For those of us of other intelligences or functioning primarily from the other side of the brain the same applies in that we must be confident in how we arrived at a decision.

If the decision is just 'too large' to rationalize at this time a good strategy is to do what feels best and compartmentalize the decision til such a time as we have the will and skill/ability to rationalize. At some point all must be integrated; but not 'all now'.

Above all enjoy.
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Tue May 05, 2009 3:49 pm    Post subject: Reply with quote

There are some things that ultimately cannot be rationalized and justified away. Of course, this isn't a horrific crime or anything, but it shouldn't be something that one would really ever want to repeat (so I'd hardly call it a 'learning experience' - certainly, not a very positive one). Basically, you gotta "carry your own load" in life (I recall it was Nick Nolte in Mulholland Falls who taught me that Laughing ). But then, this is TEFL, which has never been a particularly well-regulated and secure profession for probably the majority of its teachers.

Last edited by fluffyhamster on Tue May 05, 2009 6:15 pm; edited 2 times in total
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jdl



Joined: 06 Apr 2005
Posts: 632
Location: cyberspace

PostPosted: Tue May 05, 2009 4:10 pm    Post subject: Reply with quote

Barry Lopez:
How is one to live a moral and compassionate existence when one is fully aware of the blood, the horror inherent in life, when one finds darkness not only in one's culture but within oneself? If there is a stage at which an individual life becomes truly adult, it must be when one grasps the irony in its unfolding and accepts responsibility for a life lived in the midst of such paradox. One must live in the middle of contradiction, because if all contradiction were eliminated at once life would collapse. There are simply no answers to some of the great pressing questions. You continue to live them out, making your life a worthy expression of leaning into the light.

Arctic Dreams
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