Legal Question in Employment Law in Ohio
I am a teacher in the state of Ohio, my Employer ($COMPANY) has added this to my teaching contract. What is the legality here if say my wife gets a job in a different state and we have to move during the middle of the school year? Can they impose these types of penalties? I could almost agree with recruitment but paying for substitute? Can these terms really be enforced?, Thanks Chris
"VI. BREACH BY TEACHER. If Teacher breaches this Agreement, including but not limited to leaving before the end of the Term of this Agreement, $COMPANY shall report Teacher to the Ohio Department of Education for unprofessionalism and misconduct, and Teacher shall be liable for all damages to $COMPANY for substitutes, replacements, recruitment, advertising and any other costs due to, or results in any way related to such breach, including attorney fees."
1 Answer from Attorneys
Dear Teacher: Unless you signed this added provision to your original contract, it may not be at all enforcible. Your employer may not, unilaterally, impose any modifications of your original contract, without your consent. And, of course, don't consent, without consulting an Attorney to advise and guide you.
Good luck!
Sincerely, J. Norman Stark, Cleveland, OH.