You are correct. Also just signing a letter of intent is not enough to make a binding, legal contract. It is exactly that, a non-binding letter of an intention to sign a binding contract at a later date. Neither that nor an oral communication of acceptance is binding legally as is a signed contract.
Dawson wrote:
> Sid,
> I have no doubt that your legal information is correct. However, you are
> misapplying it here. I don't know of any school who is going to take a
> teacher to court because they reneged on a verbal contract. Schools
> operate at fairs knowing that a verbal offer is only contingent on that
> person signing. Most do, but in some cases like this, candidates decide
> not to sign. It's a regular practice and is so common that schools know to
> have back-up candidates so while your information is interesting it
> certainly isn't relevant here.
Accepting...then rejecting.
Re: Accepting...then rejecting.
I was answering the question about what makes a contract legal, and if one is legal before the teacher has access to all details.
You're right, there's a very separate question about whether a contract is enforceable, by either the school or the teacher. The answer to that varies considerably depending on specific circumstances, and I wouldn't even try to answer it here.
And there's another question about whether a school, or a teacher, would even try to enforce a legal, enforceable contract if one or another . tried to back out. The answer to that again varies, but in most cases, at the point where the teacher hasn't even begun work, is probably not.
So a teacher in the OP's position has to ask whether they are basing their actions on what is legal, on what is ethical, or on what they think they can get away with.
You're right, there's a very separate question about whether a contract is enforceable, by either the school or the teacher. The answer to that varies considerably depending on specific circumstances, and I wouldn't even try to answer it here.
And there's another question about whether a school, or a teacher, would even try to enforce a legal, enforceable contract if one or another . tried to back out. The answer to that again varies, but in most cases, at the point where the teacher hasn't even begun work, is probably not.
So a teacher in the OP's position has to ask whether they are basing their actions on what is legal, on what is ethical, or on what they think they can get away with.
Re: Accepting...then rejecting.
Another problem here is jurisdiction. If the job fair was held in say… Hong Kong, the school is in India, the OP is from The US but currently teaches is Japan….. what court would an action be brought in? Which countries employment law is applicable?
Where I come from, I know from personal experience, that there is no such thing as a verbal contract in employment law. All agreements are considered conditional until the signing of a written contract. However the issue of whether the OP's action is legal is a moot point, since we all agree that a verbal contract (whether legally binding or not) is virtually unenforceable.
I think we were more concerned with whether the OP's actions are ethical and whether those actions might negatively affect her future career.
Given the circumstances described, the short time between initial acceptance and the subsequent change of heart, and the rationale given; I would say that the OP's actions are ethical. In hindsight, perhaps she should not have accepted a job she had reservations about, but schools have a tendency to make us rush to a decision ( after making us wait for what seems like an eternity ).
As to the issue of whether this hurts her future career….. well, the school she turned down will probably never hire her. But if she is successful in her new school, that should not be an issue.
Where I come from, I know from personal experience, that there is no such thing as a verbal contract in employment law. All agreements are considered conditional until the signing of a written contract. However the issue of whether the OP's action is legal is a moot point, since we all agree that a verbal contract (whether legally binding or not) is virtually unenforceable.
I think we were more concerned with whether the OP's actions are ethical and whether those actions might negatively affect her future career.
Given the circumstances described, the short time between initial acceptance and the subsequent change of heart, and the rationale given; I would say that the OP's actions are ethical. In hindsight, perhaps she should not have accepted a job she had reservations about, but schools have a tendency to make us rush to a decision ( after making us wait for what seems like an eternity ).
As to the issue of whether this hurts her future career….. well, the school she turned down will probably never hire her. But if she is successful in her new school, that should not be an issue.