Fired for asking

[ccr39]

Briefly, my son, a college student, agreed to teach at 7 dance conventions in 7 states. Prior to the 6th convention, he emailed the director, explained that he had 3 mid-terms due, and "if you think you could do without me this weekend, I would greatly appreciate it." The director emailed him back and fired him. (Fortunately, my son forwarded all emails to me and I have printed and saved them.) My son had received NO complaints–and lots of praise–prior to this. The director is now threatening–and threatening and threatening–to sue my son for the airline tickets purchased for the 6th and 7th conventions. Her latest email threatens to ruin his name in the business by telling folks that he "quit and left her holding the bag." My son does quite a bit of choreography for dance schools and other dance functions. He has an excellent reputation. I am not seriously concerned about her threats to his reputation as one has to have a good reputation oneself in order to be effective, but I don't want her "trashing" his name. I have told my son to just relax and ignore her. She lives in NC and he lives in NY. If she wants to sue a college student SHE fired who is judgment proof for $400, let her go at it. He can counter-sue for the income he lost by being fired for "asking" if he was needed! But--would really appreciate an opinion on this. Thanks, Mom

 

[David J. Miller]

She would be violating the law if she ruined his reputation for quitting since as you say, he did not quit, rather inquired. If she does anything at all, hire an attorney right away.

The lady sounds like a nut case. As you say, she probably does not have a very good reputation herself.

 

[I AM ALWAYS LIABLE]

My response:

I have a different "take" on this matter.

Our writer's student knew, or should and could have known, that tests for school were scheduled during the life of the contract. It was unfair of the student to sign the contract, at the outset, knowing a breach of the contract would occur. It is EXTREMELY doubtful that the student would have foregone the "3 mid-term exams" in favor of complying with the contract. Asking permission? I think a judge would agree the breach of contract was a "done deal" and a foregone conclusion. The student "asking for permission" is, therefore, irrelevant. This contract was going to be breached one way or the other.

It makes no difference what the lady's reputation is, or whether she fired the student. These, I believe, are irrelevant to the issues. The issue was placed in writing by the student - - and that is, the student needed to leave the contract for something that the student knew, or should and could have known, was going to occur.

This is called "anticipatory breach of contract".

Not only can the lady sue for the amount of actual monetary damages, but also for all damages suffered (consequential damages) as a result of the student breaching the contract.

The lady already had the student's resignation, or anticipated resignation in writing, and therefore, the "firing" is mere surplusage. The damage to the lady was already done. She was left high and dry, scampering to mitigate her damages caused by the student's untimely departure from the contract.

Although our writer appears to make the point of saying, "What is she going to get from a student?" is not the point. If the lady wants to sue, and wins her lawsuit, judgments are good for up to 20 (twenty) years.

A lot can happen in 20 years . . .

IAAL

[Edited by I AM ALWAYS LIABLE on 12-06-2000 at 08:02 PM]

 

[ccr39]

Fired for Asking

As I said, I "briefly" stated the case. First, there was no written contract. Furthermore, the only information provided was when it was asked for--the director, VERY disorganized, never offered any rules or regulations. Second, my son WAS prepared to go if she needed him--and he made this clear in his email. The due dates for the mid-terms had been changed as many as 3 times. Also, I had attended a convention when word was received that one of the teachers could not make it. I was in the director's room and no one appeared to be upset. This convention is only in it's second year. They need 100 kids to break even. Some conventions only had 70 kids, but they had to go forward in order to "build the business". I was the one who suggested my son ask. If the Kentucky convention had less than 100 kids, it was not inconceiveable that dropping one teacher would have been a financial Godsend to the business. Also, in an email at the beginning of the tour, the director stated my son would be teaching 4 classes but had only been given 2 classes at the last 4 conventions (not enough money to pay him for 4?)Based on the relationship, her reaction was "bizarre". I have a feeling much more is going on here and I believe I know why she fired him. Had nothing to do with him or his performance. We'll save that for the next email!

 

[David J. Miller]

Posters new comments aside for a minute. IAAL, don't you think there should have been some dialogue between the two before she immediately jumped the gun and fired him.

For example her reply could have been: Sorry son but you are under contract to complete this job so unfortunately I cannot comply with your request. Kid's reply: O.K. I just thought I would ask, I will honor the contract. or Kid's reply: I'm sorry but I will have to break the contract as my school work takes precedence. Her reply: O.K. then you are fired or o.k. then I will have to sue you for specific performance.

I'm sure it as you say but it sure seems unreasonable.

Now considering the posters new comments, what is your take?
And I'm also interested in what your thoughts are about my first comment. To fire someone and to sue them is surely a different matter then spreading rumors throughout the industry, resulting in being black balled, isn't it?

 

[ccr39]

I agree--her reaction was so totally converse to how she had treated him up to that point. He was an (extremely) popular teacher in areas where he was known. This, of course, draws in students so his boss WANTS popular teachers. As I said, her emailed comments to me were highly complimentary. My concern about ruining his reputation is the financial loss. He choreographs at schools around the state (has won approximately 9 Top Choreographer Awards at various national competitions.) One weekend at a school can bring him as much as $2,000. He is helping to put himself through college (father died last year and left all of his money to his third wife and nothing to his 3 children). I would hate to see him lose this earning capabiilty. Now--I will tell you what I think is going on and I will TRY to be as brief as possible. My son danced with one of the biggest competition schools in the southeast (over 1,000 students) for four years. He decided to quit (burn-out) at age 15. He chose to finish the competition year as his quitting would jeopordize students in the 13 competition numbers he was in. The owner of the dance school did not handle this graciously. Bottom line, students did not leave her school until she was ready for them to leave. I don't think I have ever been through something so horrible--and it just seems to go on and on! After his last dance at the national competition (when they no longer needed him), one of the mothers physically assaulted him (angry that he was leaving and upsetting the teacher!) Also, a teacher from the competition school called my son's new teacher (at a ballet school) and told him my son was an alcoholic and drug addict (this is when I got an attorney who threatened to file an injunction if the slander did not stop.) Well--now, 5 years later, if my son is at a competition/convention, his old school will not come. Two conventions where my son was a student a few years ago were told if he was there they would not bring their business. This huge competition school never patronized the business my son was workiing for--until this year. The owner (who fired my son) was a nervous wreck at the nationals this summer because she was afraid my son's appearance as a teacher might "offend" the teacher from the big school. This big school did not attend any of the conventions this fall. I personally feel my son's classes were reduced in the hopes he would quit and when he asked if he was needed, the owner saw the opportunity to get rid of him. Do I blame her? No. My son is not even remotely worth the money this big school can bring in. Interesting question: Why is this huge school patronizing such a small convention? Anyway--this is what I feel is going on because it has happened on two other occasions (with valid proof). My son has just talked to an attorney who has told him not to worry and if he is sued to bring him the papers. I am still concerned about the possibility of slandering his name but I guess we will just "wait and see". Thank you soooo much for your comments. It really helps! Mom