text: Do I need to give notice to non-renew a contract? Very unique situation
  Thread: Do I need to give notice to non-renew a contract? Very unique situation
  Posts 5	Do I need to give notice to non-renew a contract? Very unique situation
  I work for a private Jr/Sr High school and my contract will be up at the end of March. This is my first year to complete a contract with them.
  About three weeks ago, they asked me to stick around for another year and also to become a homeroom teacher. Seeing as this would be a good opportunity, I agreed. This was a verbal agreement and I still haven't actually signed anything.
  This was all fine and dandy, but just a week ago, I found out that I've been accepted to join the Peace Corps as a volunteer which would leave on July 1st of this year. Weighing the two options, I decided that I've had enough of Japan and would like to travel elsewhere for some different experiences.
  Now, my question: if I were to give my current school a two weeks written notice soon, would that be a legal way to quit at this point? The school is setting me up to take on some heavy-duty responsibilities from April, and they are gonna be extremely PO'd that I'm not gonna follow through with my end of the bargain, but how legally-binding is my verbal agreement when I haven't signed anything yet? Would a two-week written notice even be a requirement cause my contract is gonna expire soon anyway? Of course, I don't want to be a douche-bag and give them no notice, but I'm just wondering what my legal standings are at this point.
  I'm afraid that they are gonna claim some financial damage for giving them such a short notice after already verbally agreeing to stick around for another year. I think that they are already applying for my new teaching license, which I hear costs them a pretty penny.
  Now, my other option would be to continue working and then give them a notice around May, but that seems like it would be far less responsible then just quitting now. Quitting right at the start of new school year with a newly established position would be an extremely unprofessional move, but if I did this, I could give them over a month's notice, so I wonder if that would be more legal than giving them a short two-week notice now.
  I don't think there is anything on my current contract stipulating required length of notice, but I wonder if it would matter either way being that it's almost over. Any legal advice concerning this issue, and my best course of actions, would be really helpful. Thanks in advance.
  Reply With Quote 2009-03-12, 07:03 AM
  Posts 875	Hello KaminariX,
  Can't you sit down with the person who is handling your contract matters and explain the situation to him/her? Its a bloody school, its not like you are negotiating with the mujahadeen. Just explain that you are extremely sorry, you know it will cause them a lot of trouble, but you unexpectedly got this once-in-a-lifetime offer and after some reflection you have decided you would like to accept it. Worrying about the legalities of your verbal acceptance vs. the lack of written contract for next year is wasted energy. (And if you really are worried, talk to a lawyer). My guess is that your situation can be resolved with reasonably happy results for everyone. Apologize profusely, offer to stick around for another 2 or 3 months while they search for a new teacher, and I'm sure all will work out fine. There might be some sucking of teeth, some furrowing of brows, but them's the breaks. They will most definitely try to lay a guilt trip on you, but that's the price you pay for bailing on the agreement. In the long run, if you offer to help out rather than bolt, you'll both feel better about the situation. I think your company would rather spend money trying to find a new teacher than spend it on trying to enforce a verbal contract on a foreign teacher... And if for some reason they DO decide to resurrect Johnny Cochran and throw him at you, well..... let me just say, you wouldn't be the first foreign English teacher to do a runner.
  Reply With Quote 2009-03-12, 09:11 AM
  Posts 392	I suggest do as Majestic said man. Also, one thing that helps, do you know anybody with similar credentials in the area where the school is located? I recently had to quit my job, but my friend that lives in the area was looking for a job at the same time so it worked out fine in the end and my company wasn't that angry at all, in fact quite happy I was able to save them the work of finding a replacement.
  Reply With Quote 2009-03-12, 09:40 AM
  Posts 282	The above advice is good, I think. Also, check your current contract - mine (also with a high school) had a clause in that unless either party gave 31 days notice the contract would be automatically renewed and binding. The contract was dated end of March and if yours is too then you're going to be late and could have trouble from the school. As it was, I just made the deadline. I don't know what action the school could have taken if I had not done so. I first gave them verbal notice, followed by a written one, despite it being a simple 'non-renewal'. However, other teachers have had to leave mid-school year and though the school didn't like it they gave more than the required notice and gave the school plenty of time to find a replacement. If you don't have to leave until July you could always offer to take on the responsibilities that they wish at the start of the school year, work through your notice, and help them to find a replacement. That way you'll be covered. There probably isn't anything in your contract that says you have to work through the whole school year - teachers or someone in their families get sick, or get pregnant etc., and though inconvenient for the school, they have to deal with it. In any case, it's best to inform the school as soon as possible and work through a solution with them. If they want to renew your contract and give you extra responsibilities then they must like you. Ask them whether they'd prefer you to leave now or keep working until May - a lot may depend on the area and how quickly they think they'll be able to replace you. You could offer to work until Golden Week - that way there's a short holiday which could be seen as a kind of 'natural break' in the term and a good time to switch teachers.
  Reply With Quote 2009-03-12, 09:47 AM
  Posts 282	Originally Posted by Majestic
  There might be some sucking of teeth, some furrowing of brows, but them's the breaks. They will most definitely try to lay a guilt trip on you, but that's the price you pay for bailing on the agreement. In the long run, if you offer to help out rather than bolt, you'll both feel better about the situation. I think your company would rather spend money trying to find a new teacher than spend it on trying to enforce a verbal contract on a foreign teacher...
  Absolutely agree with this. They'll almost definitely lay a guilt trip on you, try to persuade you to stay. It's uncomfortable at the time but you've just gotta remember that's really all they can do and 'guilt' often works well in Japan. Stick to your guns and see it as a measure that they think a lot of you and don't want you to leave.
  Reply With Quote 2009-03-12, 11:49 PM
  Originally Posted by KaminariX
  If it is a first one-year contract, you don`t have to give any notice.It is a point of politeness to give it or not, it is not a legal stuff.Only after the second one-year contract has been signed, you are treated as an ordinary worker by civil law and therefore obliged to give a two-week notice. www.generalunion.org