Road bump
#23
01-11-2007, 03:34 PM
Originally Posted by mikey4069
You are smarter than i am but ill tell you my story. My first driving job was a school bus driver here in cali. I was trained by a school and i was under contract to be a sub driver when i was needed . If i was offered full time employment by another school than i did not have to live up to that contract . per California law is that clear or do need a better job at writing ?
#24
01-11-2007, 04:10 PM
Originally Posted by mikey4069
You are smarter than i am but ill tell you my story. My first driving job was a school bus driver here in cali. I was trained by a school and i was under contract to be a sub driver when i was needed . If i was offered full time employment by another school than i did not have to live up to that contract . per California law is that clear or do need a better job at writing ?
In my unqualified opinion, you are dealing with very different parameters of contract law; different elements of offer, acceptance, promise, expectation, reliances, and performances, and discharge of obligations and/or duty(ies) to perform in the situation that you articulated, as opposed to your contract with Swift. I the situation you described, in exchange for training to legally operate a school bus, you were under contract to be a substitute driver, when needed. Therefore, the level of expectation on the part of the school, or school district, was very limited in it's scope. Whereas you were a substitute driver, the school or school district could mitigate any potential damages resulting from your absence or departure from employment by simply calling another substitute driver. THey would have a very difficult tme establishing proof that they were in some way "damaged" by your departure. In a court of law, where there is no harm, there can be no foul. Again, in my unqualified opinion, the offers, promises, expectations, expectations of performance, reliance or reliances upon promises made, and requirements for satisfactory discharge of duty were very different than those involving an interstate carrier. Thus, the correlation that you are trying to establish may be severely flawed, unsound, or lacking in merit. Again, you really should seek the opinion of competent legal counsel here!! |
