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Re: Breaking Contract
On 10/16/09, sped wrote:
> On 10/12/09, Confused wrote:
>
>> So, I am at my wits in, Do
>> I remainto be harrassed and treated unfair or do I get my doctor
>> to write me a note explaining how the job is too stressful for
>> me, which it is!
>
> You could just ask the district to release you. There's a fine line
> between saying "I quit" and "Do you mind if I quit?" If you just
> quit, then they can request that ISBE suspend your license. If you
> ASK to be released, with some notice, and they agree, then there's no
> issue.
>
> It sounds like they don't want you there, with all the extra duty and
> what-not, so your offering to resign might be welcome. If they say
> "no" and you quit, then they can screw you on your license. If your
> certificate gets revoked or suspended... you're never teaching again,
> even if it gets reinstated. So, if you want a release, the best
> route is to ask for release but make it clear you'll fulfill your
> contractual responsibilities if they say no.
>
> The whole doctor's note thing is more complicated than you think.
> It's not like you're a student getting an absence excused, where a
> note scribbled on a prescription slip will do. Your doctor would
> need to write a letter stating that you have a medical condition
> which makes your continued employment impossible. That gets legally
> sticky for doctors.
>
> Since we're dealing with a contract and ISBE, a state agency, he
> would have to be willing to testify to your disability under oath,
> much the same way doctors have to be deposed in social security or
> private worker's comp cases. You would be asking your doctor to
> stick his neck out farther than he might be willing.
>
> It sounds like you're having some anxiety issues that may be solved
> with medication or other treatment that may not require your contract
> release. If the Board wanted to play hardball, they could push for
> license suspension, and your doctor would have to testify that your
> anxiety is untreatable and required your terminating your employment.
> Even then, ISBE still might suspend you, because they make the
> rules. Is your doc willing to do that? Is that indeed the case?
> Have you tried a variety of treatment options that have failed?
> These questions will be asked at your hearing.
>
> At the end of the day, the ONLY good option is to finish the year.
> The plus side is that you can do a sub-par job and move on next year.
> It sounds obvious you won't be rehired, and you don't want to, so
> you don't really have to do a good job, just a passable job.
>
> Good luck.
>
I am still out on medical leave and trying to determine my next move.
I have been out over a month now. I have been going back and forth to
several doctors as I have more than one issue going on. I have anxiety
problems, heart enlargement, pre-ulcer conditions, and orthopedic
problems. I am off work due to anxiety but still seeing other doctors
for other problems also. I was thinking the same thing that I was
never wanted at the school anyway so maybe me leaving will be a
blessing for them! I have no idea why, but from the jump, I was not
welcomed with open arms. I already asked the benefits person what
procedure I would need to follow. So, we will see. Do you really think
they would nonrenew me? That is what everyone has been saying. Wow! I
have also been hearing that having a nonrenewal is worst than me
leaving for medical reason. So, I am thinking I may take my chances
and ask to be let out of my contract.
Well thanks for the advice.
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