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  1. #1
    Join Date
    Jul 2013
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    2

    Default Terminating a Contract Prior to Commencement Date

    My question involves labor and employment law for the state of: Arizona

    I signed an employment contract (teaching) commencing on August 1, 2013 and ending on May 2, 2014. Article VII of this contract states that “employee agrees that should she terminate this contract on or before May 31, 2014, the employer will experience damages…and the employee therefore agrees to pay damages to employer, to offset from any salary due, or otherwise withhold damages equivalent to $3,500.”

    I am considering terminating this contract immediately. I signed May 2013. Can I still be help liable for these damages if the contract has not yet commenced? In other words, I signed the contract with good intent, but am I obligated prior to August 1, 2013?

    Additionally, would I be in violation of AZ Revised Statutes 15-545 and subject to disciplinary action?

    Thank you for your time and valued opinion.


    Sincerely,
    Discontent Educator

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Terminating a Contract Prior to Commencement Date

    My take on that is that your obligation starts on the day you sign the contract. Especially since ARS 15-545 specifies that: "A certificated teacher shall not resign after signing and returning his contract."

    http://www.azleg.state.az.us/FormatD...15&DocType=ARS

    So, yes, you could be subject to penalties.

    You did see the part where you could request approval by the governing board?

    I suggest you do that.

    In the future don't sign contracts unless you are damned sure you want to be obligated to them.

    By the way, as an educator you should know that "discontent educator" is grammatically incorrect. Should be "discontented educator."

  3. #3
    Join Date
    Jul 2013
    Posts
    2

    Default Re: Terminating a Contract Prior to Commencement Date

    Thank you for your prompt reply, adjusterjack, and my apologies for the grammatical error. I had the same interpretation. I was, in fact, pleased with my decison when I signed the contract six weeks ago. Unfortunately, since that time, my employer has failed to pay me on time twice. I am salaried, paid only once per month, and this has caused quite a disruption in my personal finances. Additionally, it hasn't bolstered any confidence in the school's longevity. I have reached out to a few folks, incl. the Dept. of Labor, regarding an employer's obligation to pay wages timely. I haven't received much response or guidance.

    So...follow up question. There exist a plethora of laws specific to educators...ugh...and I have had a tough time navigating through them. What are my rights if paychecks are late continually? Is that then grounds to break the contract, with the thought that the employer is not keeping up their part of the contract? I am really worried, and just want to know what I can do if worst case scenario becomes reality. If I am not paid as agreed, I have the right to pursue employment elsewhere, correct?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Terminating a Contract Prior to Commencement Date

    Too many "what ifs" in there.

    Let's talk about now.

    When you've been paid late before now, exactly how many days late?

    And were you given a reason for the delay? Did you ask?

    And how are you paid? Check in mail? Check handed to you? Automatic deposit?

    One thing I can tell you, though, is you don't get to break a contract when there is a remedy for a single issue that doesn't involve the entire contract. Not without consequences.

    And you certainly don't get to break an executory contract (a contract for future performance) for something that's going on in the current contract. Not without consequences.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Terminating a Contract Prior to Commencement Date

    Further, it could result in cancellation of your teaching certificate by the state board of education.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Terminating a Contract Prior to Commencement Date

    Ummmm why are they paying you, when you have not even begun working?

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