60 Days Notice for Teacher Contract

Question

I am a teacher in NJ. I am relocating to a new state over the summer and I will have to resign from next year's job (I haven't signed a contract for next year but it's expected that I resign anyway). I had to let me boss know I was leaving because the school I am applying for needed her as a reference before they could send my information to HR and make an offer. Now my current employer is asking me for my resignation letter and while I am still waiting for an official offer, in writing from the other school (I only have a verbal offer and a few emails that ask me to fill out paperwork to determine the salary step).

My contracts states the following: "It is herby agreed by the parties hereto that this contract may at any time be terminated by either party giving to the other sixty (60) days notice in writing of intention to terminate the same, but that in the absence of any such notice, the contract shall run for the full term named above. However, either party may terminate the contract prior to sixty (60) days by written consent of the other party."

Contract ends June 30th. Do I give my letter 60 days from the end of the contract, or 60 days before September? Should I hand in the letter by April 30th, or is June 30th still good? I am trying to make sure I am not legally bound to return in September. My boss told me that it would be 60 days before the end of the contract, but I wanted a second opinion.

Answer 1

Do I give my letter 60 days from the end of the contract, or 60 days before September?

My boss told me that it would be 60 days before the end of the contract, but I wanted a second opinion.

Your boss is wrong. The contract requires a party to give a 60-day notice only if the party intends to override the default condition that "the contract shall run for the full term named above".

Since your contract ends on June 30th and you plan on working there up to and including that date, you are abiding by the [contract] default condition. Therefore, you are not required to send a notice for something you are not intending to do (namely, to terminate the contract ahead of schedule).

The information you provide here does not reflect any language in your current contract relating to subsequent contracts/renewals. The existence of such language might or might not change the assessment.

That issue aside, you might want to ensure that the preliminary offer made to you verbally be somehow reflected in writing. It will not be more binding than the verbal offer, but that evidence could prove useful in the event that the new employer unexpectedly changes its mind at a time when your current employer has discarded you for contract renewal. Your prospective employer should become aware of how its request for a reference from your boss jeopardizes a renewal with your current employer.

Answer 2

Either

It seems that this is an annual contract and the expectation of both parties is that it will be (semi-)automatically renewed. This expectation is probably an implicit term of the contract even if it isn't explicitly spelled out.

If you give 60 days notice on 30 April, the notice period and the contract will both expire on the same day (30 June) and there will be no contract for next year.

If you give notice after that, you will be giving notice under the new contract which will end 60 days after you give that notice.