Legal Question in Business Law in Georgia

Teacher Contract Claim

A former teacher at our private school that we dismissed near the end of the school year for excessive tardiness, interference with another employees job performance, lack of respect for authority, inappropriate conversations with students and families, refusal to teach class, etc... has filed a claim against the school for breach of contract and recovery of back wages for $9,000.00 in magistrate court.

I am filing my response and have included my answer as 1. asking for relief to be granted as her complaint fails to state a claim on which relief can be granted (is this appropriate?) 2. denial that the defendant is indebted for any amount whatsoever 3. special defenses inlcuding offsetting claim

Counterclaim includes breech of emploiyment contract and violation of her duties with the school and using them adversely against the school to try to prevent families from re-enrolling and recovery of primitive damages...

Does this appear to be a proper response for magistrate? Any further suggestions??

Thank you.


Asked on 7/18/07, 2:32 pm

4 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Teacher Contract Claim

Guiding you through pleadings for a lawsuit we know nothing about, beyond 2-3 sentences, is not within the scope of this forum. To get specific advice, retain a lawyer who can review all facts.

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Answered on 7/18/07, 3:21 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Teacher Contract Claim

I agree with Mr. Riddle's posting, but would add that in magistrate court it is much less important to lay out specific defenses then to simply deny the allegations of the complaint. However, with regard to counter claims, they must be properly alleged in the answer. Otherwise, you could be barred from asserting them.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 7/18/07, 3:35 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Teacher Contract Claim

It sounds like you are doing OK so far. However, I would advise you to at least have an attorney review the complaint and your counterclaim. Be sure you get every single witness as to the teacher's conduct in court. Subpoena them.

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Answered on 7/18/07, 4:25 pm
Robert Thompson J. Robert Thompson Attorney

Re: Teacher Contract Claim

Your answer seems fine. However, if the school is incorporated, it must be represented by an attorney--officers of the corporation cannot represent the corporation in court.

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Answered on 7/24/07, 11:34 am


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