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Breaking a contract--right or wrong?
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rusmeister



Joined: 15 Jun 2006
Posts: 867
Location: Russia

PostPosted: Tue Nov 27, 2007 8:12 am    Post subject: Reply with quote

GambateBingBangBOOM wrote:
I think when people start talking about "Christian morales" then any arguement has gone to the point of being ridiculous.

I think if you feel an employer is treating you really horribly, and there's nothing you can do to change it, then rather than lose your sanity, you should leave your job.

But I think a problem with this industry and contracts in particular seems to be that many employers honestly don't have their employees best interests at heart, but many of the employees have just graduated university and really don't come across as particularly mature and seem to be ready to quit at the drop of a hat.

I think you should be able to walk away from a really bad situation, espcecially if a good situation has presented itself and staying would essentially guarantee joblessness at the end of a contract from hell (hiring season issues). But I think entering a contract with the intention of breaking it down the line isn't a good thing to do, especially when the people you work for are nice and help you out as much as they can. (Yes, I realize that I am approaching this as a 'if the people you work for are rotten then go ahead and break the contract. If they are really nice to you, then you should stick it out' and I also realize that that's not a very business decision way to approach it, but maybe that's why I'm not a high finance type of a guy).


Now that's common sense! Smile
(Another casualty of the modern world)
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Tue Nov 27, 2007 11:02 am    Post subject: Reply with quote

A bit of clarification seems necessary.

When some people here speak of "breaking their contract" what they really mean is they have disregarded the contract in direct response to a breach of contract by the employer.

Unfortunately, most employment contracts don't specify what happens in the event of typical breach of contract situations. For example:

1. The following items shall constitute a serious breach of contract. Failure to remedy any one or more conditions within a period of thirty days shall render this contract null and void and the party that caused the breach shall pay damages specified in para. 2.

a. Addition of contracted teaching hours without compensation and contract renegotiation.
b. failure to pay employee on the pay date specified in this contract.....

2. Damages shall include....
a. Payment of all wages owed
b. Pro ratio payment of holiday, travel and airlines reimbursement...

It's important to specify what big issues sever the contractual relationships. These are a 'line in the sand'.

If the employer commits a serious breach, the contract is automatically ended. The teacher can't then "break the contract" in response since there is no longer a contract.

An important thing to negotiate is a penalty free "walk away" clause. Some reasonable amount of time where the school can find a replacement and the teacher cam find a new job. It is in everybody's best interest and a good school ought probably quickly agree.

Negotiate a good contract up front and no runners will be needed.

Best of luck.
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