Dear Dr. Spilchuk
Even though I would have preferred to do otherwise,
I felt that I needed to break my contract with a school
after I found my partner cheating on me with someone
I worked with, only a few months into this contract.
As
we were
all new, all lived in the same building, all hung out
on the same expat block, and all worked in the same small
school together, I was devastated at the thought of staying,
no matter the cost.
The school asked me to stay until the end of the semester
(and agreed to have my contract end at that time), but
the anxiety and depression kept me from being able to
do so. So they charged me two months salary. (Although
this is in my contract, is this actually legal?)
What I am more concerned about is ISS and Search. Even
though they didn't place me (my partner and I interviewed
and accepted our jobs before the fairs), since both agencies
knew that I took that job, I am afraid that they will
blackball me from further fairs and from finding work
through them. Will they do this? How can I avoid this?
What can I ask my former employers to do to help make
sure that I am still a viable candidate overseas? (My
employers are sympathetic).
Upset…but dealing with the situation
Dr. Spilchuk's
Response
Dear Upset…but dealing with the situation:
I am so very sorry for you. What a terrible experience
to go through. My responses to your questions are noted
below:
1. First, even though some schools write the two-months
salary penalty clause into teacher contracts, one would
think that the situation you faced was severe enough
for the school to have permitted some leniency. Have
you paid the money or did they withhold funds?
2. Second, since you were not a SEARCH or ISS hire
for this school, there should be no reason for either
organization
to blackball you. Since you are, however, a SEARCH
and an ISS candidate (albeit not for this school),
you can simply check to see the status of your file
by
accessing
new job postings on line. I suspect that if either
organization has decided to blackball you, your access
number will
have been frozen. In the event that this has occurred,
do let me know.
3. Third, ask your former employers for a letter stating
that they would have liked to retain you but that they
understood the reason why you requested contract termination,
and that they supported giving it to you for compassionate
reasons.
Have you decided what you will do next? Are you preparing
to go international again? Perhaps a short break, staying
close to family and friends would be a good idea. I
would imagine this must have been very painful. You
certainly need the people who love you most around
you right now.
Best,
Barbara
Reader Replies
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Whilst the teacher is in an
absolutely terrible situation, I feel that they
have been somewhat unprofessional
if they feel that they cannot stay until the end
of the term and then question why the school are
looking to get their costs back or the legality
of their contract which after all they have signed.
After all it is not the school's fault that their
relationship has broken down, nor is it the children's
fault. And it seems that the school have tried
to come up with a reasonable compromise.
I have total sympathy for the teacher in finding
out that their partner is an absolute rogue...
maybe they should be asking them for the money
to go back home rather than their school?
c
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c
Not to sound insensitive,
but this sort of stuff happens (unfortunately)
everyday, regardless of where
you live...it is a risk of living our lives and
trusting those around us. The reality is, the
school has nothing
to do with your poor choice of "mate" and
his/her unscrupulous actions and nor should they
be held responsible in the event of a teacher
wanting to break their contract. In addition,
if the contract
states that there is a penalty of sorts for breaking
contract, then you must abide by that contract.
Wouldn't you want the same protection if you
signed a contract
and you were "laid-off" and wanted
the provisions in your contract honored.
I have read
many criticisms in the ISR web site against
Schools and Administrators for this very same thing,
they
are demonized for not following the provisions
of their mutually agreed-upon contracts. Regardless
of
how horrible the situation is, the teacher
should honor the contract as much as the school
to expect
otherwise !would be a double standard. It appears
in this case, the school offered a reasonable
alternative, yet
it still was not "good enough", I
believe that the school and its administration
acted in
good faith with that offer. Taking the school
up on this
offer would prevent any ill-will and likely
eliminate any likelihood that the school or
its Director will
blacklist or speak disparagingly about this
teacher as the reasons for leaving appear somewhat
reasonable,
its not that the teacher is leaving it is "how
they are leaving" which is often most
relevant.
I would recommend that the individual
teacher should request a temporary residence and
leave
at the end of the semester to save their professional
reputation and move on with their life. Besides
a "cheating" scum bag should not be cried
over anyhow. Sounds like the other person with
whom your "ex" cheated with did you a
favor, you should go out a buy a gift for them
. Sorry but "tough-love" is what you
need to get over this and move on.
Good luck and be more selective, with partners
and schools
c
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z
Dear Upset, but dealing with the situation....
How unfortunate and demoralizing that this situation
has unfolded at such an inconvenient time and location.
There is nothing worse than being trapped in such
a scenario overseas where you are far away from
friends and family.
Although I have not experienced
what you are going through, please be assured that
you have my empathy
regarding this situation.
I am sorry, but it does not help to tell you to
be "more selective with partners and schools".
I am sure that you have done your research before
signing a contract with a school and as for being
selective with a partner, I am sure most of us
understand that there are more @ssholes out there
than there are genuine people. Both male and females
tend to show their true colours in stressful and
tempting situations.
Stay true to yourself and continue to be strong.
Leave the school with your dignity and look forward
to a much brighter and adventurous life in the
upcoming years.
Much love,
Clara.
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Dear Upset,
How are you doing?
First of all, I'd like to say that I understand
what you are going through. I went through a similar
situation awhile back and, like you, I had to leave
and return home, too.
Since I didn't obtain the job
through a recruitment agency, I didn't have to
deal with that predicament.
However, I had just quit a job, obtained a new
one and then had to leave after the breakup. Upon
returning to the U.S. during the economic crisis,
there were no jobs. Suffice to say I've had several
temporary jobs in the past two years and all the
moving around reflects poorly on my resume. But
similar to your circumstances, I feel I had no
other choice. When I went to a job fair this past
year, some prospective employers brought this up,
but in the end, I found a great school that was
willing to take a chance on me.
I wish you lots of luck moving forward. Know that
it will be challenging but you will definitely
learn something out of this experience and a bit
of patience and hard work will eventually get you
to a better place.... |
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Does
Your School Support the International Educators' Bill
of Rights ?
