Re: Breaking Contract
On 10/22/09, Confused wrote:
> 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.
Well as a follow-up, I asked the director of HR to let me out of my
contract and he so graciously agreed, that was not as difficult as I
thought. The difficult part now is where do I go from here. I am thinking
about subbing for awhile until my health and anxiety gets better. I feel
kind of bad for the students. I love my students. It is just my health
issues and the admin that is making me take this drastic step. I know that
I am doing the right thing though. I will just believe in God and pray that
things will work out for me.