Resigning questionh

I am an activities director in a small school. Today I tried to resign my position and the principal said he could not accept it and that I had a contract for one year. If I broke that contract I could have legal courses of action taken against me. My question is can a school district refuse to allow me to resign and can they really sue me for resigning


Asked about 7 years ago in Minnesota
Categories: Contracts

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HOWARD SHERNOFF

Answer by HOWARD SHERNOFF

VerifiedCalifornia lawyer


Contract questions always require a close reading of the contract in question. If the contract between you and the school is valid and enforceable, then by quitting your job you may be breaching the contract. But the school cannot force you to come to work. How would they do that? Nor can the school successfully sue to compel you to come to work because that would put a court in the position of having to supervise your forced attendance, which presents obvious logistical problems for a court. The school can, however, sue you to recover whatever damages resulted from your breach – i.e., the cost to them of finding and hiring a replacement. Whether it would be cost effective for the school to go through that process is another question – of a pragmatic, not legal nature. I personally doubt it would be worth it. 
 

Posted about 7 years ago

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