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Winter camp: eduklc cancelled contract after signing, help!

 
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kr0525



Joined: 09 Oct 2006

PostPosted: Sun Dec 17, 2006 3:14 pm    Post subject: Winter camp: eduklc cancelled contract after signing, help! Reply with quote

Has anyone else signed with them? If so, I'd suggest getting out, they said the student enrollment is lower than they expected so cancelled after we've had a signed contract for over a month.

Is there any legal action I can take against them? At least some compensation?

Regarding cancellation in the contract it says:

"In the event that the employee is dismissed for one of the reasons set forth in herein above, the salary will be calculated and paid based on the employee's teaching days. In the event that the employee voluntarily resigns prior to the termination of the term of this agreement, the employee has to notify the employer of his/her resignation at least one week in advance. If the employee fails to meet this duty, the employer can deduct 30% from the employee's agreed salary."

"Waiver: The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be constructed as a waiver of the same or the right of such party to enforce the same."

Can anyone make any sense of this? I have a feeling the waiver makes the entire contract invalid.

Thanks in advance!
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dimnd



Joined: 19 May 2005
Location: Western USA

PostPosted: Sun Dec 17, 2006 6:01 pm    Post subject: waiver Reply with quote

seems like the key words are
will not be

seems like neither party has the right to not enforce the contract...so..there is no allowance for terminating the agreement by either party...

that is how I read that paragraph
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kr0525



Joined: 09 Oct 2006

PostPosted: Tue Dec 19, 2006 9:41 pm    Post subject: Reply with quote

Yes, unfortunately that's how I interpreted too. Thank you for commenting.
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Hotpants



Joined: 27 Jan 2006

PostPosted: Wed Dec 20, 2006 12:38 am    Post subject: Reply with quote

The Waiver is a bit hard to read...

Unfortunately, cancelling a teaching contract at the last minute does happen. Especially for camps, a lot of schools tend to overhire with ambitious figures about how many students will be signing up. There's nothing you can do unless you can prove that you have lost a significant amount financially by losing this contract.

Lesson learned: In this field, always have a back up plan in hand in case one job falls through.
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