Handicapped Children’s Educ. Bd. v. Lukaszewski

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Citation. 22 Ill.112 Wis. 2d 197, 332 N.W.2d 774 (1983)

Brief Fact Summary. Employee terminated her employment contract forcing her employer to hire a replacement at a higher salary.

Synopsis of Rule of Law. The non-breaching party is entitled to full compensation for the loss of the benefit of the bargain.

Facts. The Plaintiff, Handicapped Children’s Education Board (Plaintiff), hired the Defendant, Lukaszewski (Defendant), as a speech and language therapist. The Plaintiff offered to renew the Defendant’s contract and the Defendant accepted. However, prior to the beginning of the next school year, the Defendant accepted another job offer that paid a higher salary and that was closer to her home. The Plaintiff refused to release the Defendant from her contract. The Defendant then obtained a doctor’s note stating that she had high blood pressure and submitted a letter of resignation. She then began her new position. Only one qualified person applied to be the Defendant’s replacement. This applicant had more teaching experience than the Defendant and therefore, the Plaintiff was forced to pay her a hire salary. The Plaintiff filed suit against the Defendant for the difference in salary it was forced to pay when Defendant breached her contract.

Issue. Is an employer entitled to damages resulting from breach of an employment contract?