Breaking Contract for an Offer You Really Want

More than one school has hired teachers at a recruiting fair, only to later discover their staffing needs changed between the time of the fair and the start of the school year. As a result, these schools broke contract with some or all of their newly contracted teachers, leaving these educators unemployed and without compensation. International Schools Review shows such unfortunate events do happen. Fortunately, not often!

A current post to the ISR Open Forum outlines the exact opposite scene in which  a teacher signed a contract, received a signing bonus, and is now considering breaking contract for a “better” offer.

Some, but not many,  International Educators feel recruiting is an “every man for himself” affair. They consider it okay to continue looking for something better even after signing a contract.  At the other extreme the majority belief is that just because schools have dropped teachers prior to the start of an academic year, it doesn’t make it right for teachers to break recruiting-fair contracts without extenuating circumstance. Here’s an excerpt from the ISR Forum post that sparked this discussion. You be the judge:

Pluke » Sat Mar 05, 2016 1:43 am…I was wondering what the possible ramifications might be if I took the European position after already signing a contract for another school for next year? From what I read of the contract and had a lawyer friend read I would just forfeit the bonus. I realize people do this all the time. I do not like to go back on contracts or my word in general but life is short so what would be the best move?

Here’s a sampling of reactions to the post:

Wrldtrvlr123 » Sat Mar 05, 2016 3:20 am…Worst case, jilted school raises a fuss, it gets back to your preferred school, they withdraw their offer and you are left with nothing. Or possibly something in between where there is some rancor but you still end up with the better job/school.

Clio » Sat Mar 05, 2016 9:23 am…Grab what you can now because you could be dead soon? …Lie because you don’t have the guts to be honest? Do you permit students the same sort of latitude?

PsyGuy » Sat Mar 05, 2016 3:52 am…I would wait until the EU IS actually has an appointment or offer for you. Then you have to look at the connections between you, the agency and the ISs and then determine your level of risk. If there are a lot of connections and you have a low tolerance for going bust, then you might have to sigh, and wait until next time. If they were impressed with you once you are likely marketable again. If there are few or no connections or you are a maximizer then you go for it, and hope you have enough karma in the cosmic bank of luck.

Shadowjack » Sun Mar 06, 2016 9:19 am…if you take a job, to me, you take a job. You have given your word, especially when a signing bonus has already been paid. If you wanted a “better” school in Europe, you should have said no. End of story. And keeping the money IS stealing. You can try to use logic and rationalize all you want, but taking money to do something and then NOT doing it and not paying it back is theft, pure and simple.

What’s your stance on this topic?  Scroll down to post

When Should Breaking Contract Be Consequence-Free?

Dear Dr. Spilchuk,  I’ve had to resign my contract at an international school due to an emergency situation at home. I was only able to give them very short notice, which upsets me, too, as I’m always so responsible. I will also try to help with the transition to another teacher by providing lesson plans for 1-2 weeks after I’m gone.

The admin at my school have been threatening me with blacklisting at Search Associates. I understand that I might need to pay a Search Associates penalty fee, and I can live with that. I can also live with being blacklisted by Search Associates. However, another person in admin has been saying things like I’ll be blacklisted from ALL organizations, ALL recruiters for international schools.

I won’t be looking for another job for a while as I have to help a family member at home anyways, but I don’t want to try to find something in a year and be blacklisted everywhere. Is this a real possibility? Is my worry justified?

Sincerely,
Worried Teacher

——————
Dear Worried Teacher,

You are correct. You may very well find yourself blackballed at Search and other agencies, depending on how your school responds.

Best of luck to you.

Barbara

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ISR Asks:  Under what circumstances, if any, do you personally feel it’s acceptable for an International Teacher to break contract?

If you’ve ever been in a situation where you just can’t stand your school or location, you know it can be a depressing time in your life. But is this grounds to jump ship? It has been said, “life is what happens to us while we’re busy making plans.” In this vein, the best intended and most dedicated teacher may suddenly find themselves having to decide between family and career, as in the letter to Dr. Spilchuk  —  A real “catch 22” situation.

Certainly the majority of us would choose to return home for a family emergency; no matter what the professional consequences of our decision. Do you feel schools are justified in severely penalizing a teacher that chooses family over contractual responsibilities? If schools are truly in the business of “nurturing,” shouldn’t they extend equal support to those individuals doing the nurturing, in this case the teaching staff. Is there a double standard?

Asking for repayment of recruiting fees and other expenses associated with an international  school bringing a teacher into a country seems well within reason. But when a contract is broken under extenuating circumstance, is this reason to put a teacher out of the running for the remainder of their teaching career?

The overriding question is…..under what, if any, circumstances do you feel a teacher should be able to beak contract without sever consequences to their overseas career. And, if consequences are levied, what should those consequences be?

Where do you stand on this issue?