If I was promoted but do not have a new contract, what action can I take?

UPDATED: Oct 1, 2022

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If I was promoted but do not have a new contract, what action can I take?

I recently took a position as an assistant principal at an independent non-union school. My boss gave

notice 30 days after my arrival. The school board voted to give me her position, however it has now been 30 plus days and I still have not gotten a new contract. This has begun to bother me as now two pay periods have gone by and I am still being paid my previous rate. In addition to the fact that the organization has not made a commitment to me on paper when the decision was approved and it has been announced publicly. I have bee acting as principal for a month. My previous contract has a 90 day termination clubs on both sides. Is my previous contract void considering they have vastly changed my job duties and role? If I need to protect myself from these guys professionally and leave, do I have grounds to terminate my contract and leave without giving 90 days notice? From my view, the situation has vastly changed. This is not what I signed up for. The inability the settle my contract and compensate me appropriately when they can do so for other employees has me really nervous.

Asked on August 26, 2017 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your prior written contract remains in full force and effect until the earlier of its expiration or its replacement, by mutual agreement, by a new contract. If they have not yet given you a new contract and the old one has not yet expired, you are still bound by it, in terms of required notice or other obligations, unless you can show that the other side materially (in an important or critical way) violated or breached it someway; if so, that breach could enable you to either/or treat the contract as terminated (and so no longer binding) due to the breach, and/or sue for compensation for their violation. But if they are not in breach and the contract is still unexpired, then no matter what you and they discussed or was promised, it is still in effect until replaced.

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