Arduini v. Board Of Education

418 N.E.2d 104 (1981)

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Nature of the Case

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Facts

Board of Education (D) adopted a liquidated damages policy. Resignations from teaching positions during the contract period were subject to a liquidated damages clause that was referenced in all teacher contracts. If a resignation was initiated by a teacher for reasons other than extenuating circumstances, the teacher must pay four percent of the contract salary as liquidated damages for breach of the employment contract, and the resignation will not be honored until a satisfactory replacement assumes the duty of the resigner. Reference to this policy was made in all employee contracts and for notices of continuance of employment. Arduini (P) was a tenured teacher and received a contractual continued service notification from D in September 1979. He started to teach that school year in August 27, 1979. The September 13^th notice stated the salary that P would get and had a copy of the liquidated damages policy. D continued to teach that school year, but on October 19, 1979, P resigned from his teaching position at D’s schools. D then withheld $715,92 of P’s contract salary from his final paycheck. P sued to recover the monies. D counterclaimed for a declaratory judgment to determine the validity of the liquidated damages policy. The trial court held the policy valid, and P appealed.