Breaking a Contract as a Teacher
In Minnesota, there are a number of circumstances that may prompt a teacher to consider breaking their employment contract. The reasons can vary widely and often depend on individual circumstances.
One common reason for teachers to seek to break their contract is a relocation to a different area or state. This may be due to family obligations, a spouse’s job transfer, or simply a desire for a change of scenery. A teacher who is moving out of the area may seek to break their contract in order to pursue new employment opportunities in their new location.
Professional growth and career advancement can also be motivating factors for a teacher to seek to break their contract. This may involve an opportunity for a promotion or transfer to a higher-paying position in a different school or even a different district. In some cases , a teacher may have been granted tenure and wish to accept an offer for a position with another school that offers substantial professional advancement or development.
Personal circumstances can also be a significant factor in a teacher’s decision to seek to break their contract. These can range from health issues, which may make it physically or mentally challenging to continue in their current position, or caretaking responsibilities for family members. These personal situations can make it difficult for a teacher to fulfill the obligations of their contract.
In certain cases, a teacher may need to break their contract for personal financial reasons. This may involve financial hardship, such as the loss of a spouse’s income or unexpected medical or education expenses, that might make it financially necessary or prudent for the teacher to seek out a better-paying position.
Legal Aspects in Minnesota
Teachers who do not meet their obligations under a contract may face a range of legal repercussions. For example, if a teacher is under contract and yet accepts employment with another entity, a court would view that teacher as in breach of the contract. Here in Minnesota, a contract between a teacher and a school district is enforceable in court. If you are found to be in breach, you could be on the hook for actual damages resulting from your failure to perform according to the terms of the contract.
Beyond a lawsuit for breach of contract, teachers also face disciplinary action from their state licensing and governing bodies. Minnesota Statutes Section 122A.40, Subdivision 13 provides for grounds for revocation, suspension, or denial of a license for a variety of actions, including "gross immorality; misconduct in any official capacity; inefficiency; unsatisfactory performance; or willful neglect of duty arising in connection with the teacher’s responsibilities." If your breach of contract constitutes any of those things, it could result in the denial of your license.
In addition to hardship in securing a license for future teaching jobs, schools and districts are entitled to any actual damages suffered as a result of the breach. In many cases, these damages include the cost of hiring a substitute or of hiring another individual to take over the role left vacant by a teacher’s failure to fulfill the remaining contract term. These damages are in addition to the revocation of the license and the need to find work elsewhere, making it imperative that you meet the obligations of your contract with any school or educational institution.
Prior to Termination
The decision to break a contract and leave a teaching position in Minnesota is an important one that should not be taken lightly. The consequences can be significant. As such, teachers are strongly advised to act in a manner that protects their professional and legal interests. Failing to follow appropriate steps to break a contract may result in the imposition of liquidated damages or loss of license.
Before taking action, you should be sure that you obtain written confirmation from somebody representing your district that they wish to release you from your contract. If your district has no objection to your termination, then breaking your contract may be a relatively non-event. The districts largely want to avoid hiring the wrong teacher.
You should also contact a lawyer for a consultation. In some cases, a contract can be broken with no consequences, so long as the proper procedures are followed. In other cases, breaking a contract will have financial consequences. Prior to breaking a contract, you must have a clear understanding of your legal obligations and any potential penalties.
It also wise to review your contract to determine whether you have obligations in addition to those imposed by law. In some cases, you may have agreed to restrictions that are more restrictive than law. For example, to be more effective at hiring, both private and public schools in their employment contracts with teachers often include provisions well beyond those impose by law. It is important to understand whether have additional contractual responsibilities.
Finally, if you are a member of a union, you should consult with your union. Unions serve an important role in protecting the rights and interests of their members and may provide valuable advice as to whether a contract can be broken and, if so, how to do it.
Rather than Have a Contract Terminated
A Teacher Facing Contract Termination May Consider Alternative Solutions
While the teacher may explode with anger and frustration, he or she should not run off to the union and file a grievance. Instead, the teacher needs to immediately come to their lawyer (or if not a member of the Education Minnesota let the lawyer represent them in grievance procedures) and come up with a strategy. This strategy will depend on the causes of action that have been alleged. The strategy could include a response to the reasons alleged in the termination letter, oral response to the School Board or seeking a negotiated alternative to termination such as a reassignment.
If reassignment is sought , the teacher may choose to ask the School Administration to assign them to positions that are lighter in duties or perhaps to consider an unpaid leave of absence. In addition to an unpaid leave of absence, the teacher may even suggest a period of unpaid suspension to clear their head for a fresh start. The teacher may also wish to ask for a voluntary non-renewal if their contract is otherwise about to be terminated. Depending on the nature of the misconduct, what is best for the teaching staff, and who is the School Administration, an open discussion with the Administration may provide for a resolution satisfactory to both parties.
Properly Resign from Employment
For many teachers, the thought of early termination of a contract is disturbing, but it does happen. In fact, it happens enough, I am posting this section separately as teachers often ask me how to officially submit a resignation if breaking a contract.
The first thing to understand is that a verbal statement telling your principal or superintendent you are "quitting" is not breaking your contract. Only a written letter of resignation which meets the timelines of Minnesota law constitutes an official resignation from a teaching position. The proper timeline depends on your contract language and/or your district’s policy. If you are considering breaking your contract, you should look at your contract immediately for any such language. OK, now down to business:
- Submit Your Written Resignation to Your Superintendent or Human Resources Officer in a Timely Manner. No, I don’t mean get it in before noon the next day. Rather, look at your teaching contract. Some contracts, especially those in smaller districts, have specific language addressing the timing of any resignation. Most teachers have a 60 day written notice requirement. Other contracts in some larger districts often include language which states that teacher resignations are only accepted during 20 days prior to school starting through August 15th of each calendar year. If your contract has specific language, those timelines must be followed. However, if your contract is silent on the issue, a 60 day written notice is still very reasonable and should be honored.
- Follow the Guidelines of Your Union or Teacher’s Association Agreement. Some teacher associations have Collective Bargaining Agreements or By-Laws which have a specific process to be followed. If your association has a specific procedure, that also must be followed in addition to the notice required in your contract language. Notice requirements must be satisfied in the order in which they are set forth in this portion of the article.
- Keep It Clean and Professional "From the Get Go." Many teachers leave on very bad terms. This is a struggle I see almost every day with a client. These bad terms are often due to personal reasons or a difficult working environment, but many times are due to the experience they have had with their school administrators not showing any professional courtesy. If you are leaving, do not play a part blazing the way for others to follow. Too often I am told, "Who cares, I won’t be coming back." While your experience may tell you differently, you do not want to place yourself in a position to help the district prove you are no longer a teacher. If you have good administrators and a good working environment, great! Why make leaving more difficult than it has to be? If you do not have good administrators and a good working environment, consider that you want to leave them behind!
Remember, a teacher’s contract is a legal document. The most important lesson you can learn is to review the contract language now. Research what the contract requires. Put together a plan which allows you to comply with that contract language. Follow the guidelines in the order they are laid out above. If your situation is complicated, seek help from an attorney or an organization such as MFT, Education Minnesota or Education Minnesota Services. Be strategic and compliant in your approach to breaking your contract.
Long-Term Career Consequences
Breaking a contract can have serious, long-term consequences for your career. Even though it shouldn’t be, a district may view a broken contract in a negative light. Most teacher contracts are relatively easy to break by resigning, and the rationale for breaking an employment contract for teachers is not nearly as rigorous as what exists for the average employee.
Even if a future school district would never find out about the broken contract, teachers are often asked by future employers for names and phone numbers of references . So even if you did not list the district that you previously broke a contract with, word could spread, and the information could come back to haunt you.
Prospective employers often contact individuals listed as a reference. If you were honest when you left and listed your previous employer as a reference, when the prospective employer calls for a reference check, your school district will alert them of your resignation.
Re-employment is not guaranteed after a contract has been broken, and your reputation could take years to recover from the action. Breaking a contract can put a potential employer at a disadvantage when using reference checks to screen applicants.