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Breaking a Contract?

 
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EBlack



Joined: 20 Jun 2010
Posts: 4

PostPosted: Mon Nov 08, 2010 5:09 pm    Post subject: Breaking a Contract? Reply with quote

Hi everyone,

This might be a slightly different twist on a common question. I'm currently teaching in China (been here for a little over two months) and really like the school I'm at. They've been fair to me so far, the students are great and I am paid on time. I'm enjoying myself and feel like part of the school community.

I'm interested in going for my masters next year and am applying to grad schools right now. A number of the programs I'm interested in start in early to mid June (next year) and are competitive (offering scholarships in the form of fellowships or assistantships). If I'm lucky enough to get into one of these programs, I'd want to attend. The only issue is that my contact with the school does not end until mid-July. I'm teaching at a public school, so classes would continue until that time as well (I think).

My question is this: when should I mention something about possibly leaving early to my supervisor? Should I mention anything at all? Or should I wait until I KNOW I will be breaking my contract? (Because there is a chance I won't even get into one of the grad programs.) My supervisor knows I am applying to graduate programs, just not about the early start date. I want to do what is best for myself, but also want to do as much as I can to not screw over my co-workers/supervisor/the school in the process. I realize I'd be making a selfish decision by not honoring my contract, but hope that leaving a month to a month and a half early will not be too terrible.

I understand that I will forfeit my airfare reimbursement if I end up breaking my contract, but I'm hoping that I won't have to pay back a month of my salary as a penalty.

Finally, I am enjoying my time in China a lot, but if I ever came back here to work, it would not be for a few years. I also don't know if I would come back and work as a teacher.

Thank you for your help and advice!
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JamesD



Joined: 17 Mar 2003
Posts: 934
Location: "As far as I'm concerned bacon comes from a magical happy place."

PostPosted: Mon Nov 08, 2010 10:11 pm    Post subject: Reply with quote

Second that.

Everyone complains about the Chinese attitude toward foreign teachers without thinking about how pulling runners contributes to the group's reputation. If I worked for a company in the US and just decided to abandon my contractual obligation early without warning, how could that affect the next guy hired? I wouldn't blame a western boss for being wary of a specific group that had a higher risk of abandoning their jobs.

Talk to the FAO now and work out a compromise in case you need to leave early, maybe offer to help find a replacement or adjust your schedule. At worst just pay the penalty so you can leave with a clear conscience and the satisfaction that you did the right thing.
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randyj



Joined: 19 Jan 2003
Posts: 460
Location: Nanjing, Jiangsu, China

PostPosted: Mon Nov 08, 2010 10:28 pm    Post subject: Re: Breaking a Contract? Reply with quote

EBlack wrote:
My question is this: when should I mention something about possibly leaving early to my supervisor? Should I mention anything at all? Or should I wait until I KNOW I will be breaking my contract?
Personally I would wait until something is definite, then lay the cards on the table. Be honest and straightforward. You might be surprised by the level of cooperation you receive.
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Tue Nov 09, 2010 12:56 am    Post subject: Reply with quote

Move out before you notify your employer. I am not saying quit, but don't let them use this to mess with you and your future.

Contact them from a new place and if they are ok with it, negotiate a final day and hope for the best. If they are not ok and threaten you, politely tell them where the key to the apartment is and to have a good day.

They can either work with you or they can work against you. If you live under their roof, it's like living with your parents. It's their rules, and you will always be wrong. Until you move out, you won't have a shred of independence.
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Tue Nov 09, 2010 1:57 am    Post subject: Reply with quote

crashintheriver wrote:
Why don't you honor your legal and professional obligations?

every contract has provisions for either side to terminate it early, albeit with penalties. eblack is obviously aware of this as he's alluded to what he might lose if he breaks the contract. breaking a contract is legal and professional, but it's all a matter of how one goes about doing it.
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xiaolongbaolaoxi



Joined: 27 Aug 2009
Posts: 126

PostPosted: Mon Nov 15, 2010 6:21 am    Post subject: Don't ask, don't tell Reply with quote

Do not tell anyone anything until you know that you have been accepted, funding is in place, etc. You can find that if you do the courteous thing and let them know that all kinds of fun things can happen to you, particularly as the hiring season is starting up for next semester... you may find that you are out of a job, a place to live, and a graduate program all at once. Read your contract, make sure you know what you are doing, and go from there. Figure out what your magic day to tell them you are leaving is (if you choose to leave early), which is probably fairly close to May Day, a wonderful day to tell them (I mean that!... tell them a day or two before the holiday, they won't have the energy to deal with it and you have informed them six weeks ahead of time instead of four)... Also, if you have the various relationships with the graduate departments (undergraduate advisors know people there, you are returning to your alma mater, etc.), ask if they can delay your entry date. Yes, you will miss out on six weeks on instruction, placements, lab time, etc. but in a lot of programs, the courses are continually addressing the same issue, so it is possible that you can catch up in a few weeks. Plus, the school has the opportunity to have a student recently returned from China in/on their recruiting spiel.

However, as randyj said, you might be surprised. Your school may not have that much of a problem, because if you are teaching oral English, I assure you your Chinese counterparts will be more than happy to take over your class time and spend more time on their subjects to raise the scores in their areas of responsibility... your classes may be cancelled around that time (but they are not likely to tell you until very late in the game).

Aloha,

XLB
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