leighz said:
I am a middle school teacher in the state of Tennessee. When I interviewed 6 years ago for my teaching job, I was told by the Director of Personnel, the Director of Schools, and the building principal that if I accepted the position, my children would be allowed to attend the elementary school (which is attached to the middle school in which I teach) and then the middle school where I now teach. My oldest child is now going into the 8th grade (classes begin on Monday). I have been told that most likely she will not be able to attend the middle school in which I teach,and which she has attended for the past two years, this school year because the 8th grade is overcrowded and the county refuses to hire a new teacher to relieve the overcrowding. My question is this: would the verbal agreement/contract presented and accepted when I was hired for this job 6 years ago (that I would be able to keep my children in the school where I teach) hold up in court? Thanks in advance for any advice!!
My response:
Sorry, but no. Unless it was negotiated as part of your written contract, and stated in writing, then the "contract" violates the Tennessee "Statute of Frauds". As such, it's unenforceable. It's like any other "oral" perk - - they can be given, and then taken away.
The Statute of Frauds is a venerable rule of law which forbids a plaintiff from maintaining certain types of contract actions without a written note or memorandum of the alleged agreement, signed by the party to be charged. In the state of Tennessee, the Statute is found at Tenn. Code Ann. § 29-2-101, which reads in pertinent part,
"(a) No action shall be brought:
(1) . . .. . .(5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party."
It's time to look for a school with room.
IAAL
