Legal Question in Employment Law in Ohio

Is this contract binding?

I am a Para-pro (cert. Tutor) who had a signed contract with a school district in Ohio. They informed me May 18th that my contract will not be renewed due to a decrease in student enrollment. They elected to keep a tutor who has a masters degree, but hired after me and who makes less than I. I offered to take a cut in pay only to be told....she has a masters degree....I then conveyed that I had a two year contract and had just completed the first year. They '''thought'' I had a one year contract and when pressed to show me the contract were unable to locate it. School has ended, and now they want me come back and ''talk'' as my contract has surfaced and indeed I do have another year remaining on my contract. HR was very quick to tell me my 2 year contract was a mistake made on their part. I should have received a one year contract. What should I prepare for in our soon to be meeting? Are they required to honor my contract? I get the feeling they want a release from their ''error''.


Asked on 5/29/09, 9:23 pm

1 Answer from Attorneys

Brian Halloran Brooking and Halloran, PLLC

Re: Is this contract binding?

If you have a signed 2 year contract, their unilateral mistake on it doesn't invalidate it necessarily. If they breach the contract without cause, then seek to enforce and let them know you'll litigate if necessary to protect your rights under the signed and valid contract. Good luck.

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Answered on 5/30/09, 12:54 pm


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