I'd appreciate some outside input.
I've signed a two year contract, however the contract itself contains a clause for first year staff stating: "at end of first year an employee can negotiate to end contract without penalty with approval of HOS"
Given this clause, I would interpret that "without penalty" and "with approval" to mean that the contract is not considered "broken" in traditional terms since the contract itself allows for termination after one year (for first year only). If you stay after year one and try to leave at any point then there is no "out" clause and at that point I would think you would be "breaking" contract.
I have negotiated with no problem to leave after a year and do not believe I am breaking contract under these terms. Is this up for debate?
Breaking a contract- semantics or small print?
Re: Breaking a contract- semantics or small print?
I would interpret that to mean that you are entering into a mutually-agreed upon separation - not breaking contract. You may be asked by future employers why you chose to end your contract after only one year, so be prepared for that. I don't read that as breaking contract if you have HoS approval and there is no penalty.
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Re: Breaking a contract- semantics or small print?
sugar1,
it seems your school realizes that not all teachers are a fit for the school and the school is not a fit for all teachers. This allows both parties an out. It is not a common clause to find.
It would not hurt your chances provided you are leaving on good terms. However, your references, based on your reasons or their reasons for your departure, might not be stellar.
it seems your school realizes that not all teachers are a fit for the school and the school is not a fit for all teachers. This allows both parties an out. It is not a common clause to find.
It would not hurt your chances provided you are leaving on good terms. However, your references, based on your reasons or their reasons for your departure, might not be stellar.
Re: Breaking a contract- semantics or small print?
Thank you both for your feedback, and it is a relief to hear from others as well that I have not interpreted this incorrectly. In my job hunt I did not say I had broken contract for this reason and actually had no problem at all getting interviews (and a new job). I just really wanted to make sure I was being 100% honest in my job hunt. I was able to secure a great reference from one of my administrators. I agree it is not a common clause to find and thank the heavens above for this "hail Mary" clause because I had 100% planned to stay two years when I originally signed. And I suppose the clause is there because enough people in fact have asked to leave after year 1 (6 last year I have been told). Wish I had read ISR a year ago! ( : Best wishes.
Re: Breaking a contract- semantics or small print?
It's strange that a contract will even give you that chance. Usually having some local quirk that pisses you off to no end (at least pretend it does) would be a way to exploit this. Eg traffic 'laws', special hygiene customs.....
Quite frankly, having outstanding references override a missing one. Some heads are just douchebags pricks that care about their pockets and nothing else. I got a reference from one of the parties my head supposedly said was complaining about me. A few brunt wooden bridges won't matter since they only take you to stupid places anyway. Keep those nicely constructed ones that don't resonate in the wind
Quite frankly, having outstanding references override a missing one. Some heads are just douchebags pricks that care about their pockets and nothing else. I got a reference from one of the parties my head supposedly said was complaining about me. A few brunt wooden bridges won't matter since they only take you to stupid places anyway. Keep those nicely constructed ones that don't resonate in the wind