If I’m a full-time contract teacher, what can I do if I’m not being giving my proper breaks?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m a full-time contract teacher, what can I do if I’m not being giving my proper breaks?
My contract states that I get 1 preparation period a day and a duty free lunch. Because there are not enough staff members at my school I only get 1 prep period and no duty free lunch, even though I am being compensated as if I had 2 preps and a duty free lunch. I have tried to resolve this issue with the administration at my school, the district and the teachers union. We have now been in school for almost 2 months. I enjoy my job and working with students. However, I am fed up with just donating my time because the administration at my school clearly doesn’t see me as a valuable asset to the school. Beyond working through the union would you recommend any further action?
Asked on October 7, 2015 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Your other recourse would, potentially, be to sue for breach of contract a contract is enforceable and binding on all parties to it. While a union contract is generally enforced through the union, its representatives, and its attorneys, if they will not help you, you could most likely bring a legal action on your own to enforce it. And if this is not a union contract but a contract directly between you and the school, you could certainly bring your own action to enforce it.
However, that could be very expensive--you'd almost certainly need an attorney to do this correctly--and will engender ill will with the district. While they can't overly retaliate for you enforcing contractual rights, there are many ways that they could make your job less desirable. Therefore you need to decide if it is worthwhile going to such extreme steps.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.