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Handicapped Children’s Education BD. v. Lukaszewski
Citation:
112 Wis. 2d 197, 332 N.W.2d 774 (1983)Facts
The Board hired Lukaszewski to be a speech and language therapist for the spring term at a school in Sheboygan Falls, WI. She lived about 45 miles away from the school, but decided to commute the distance rather than move. The Board then offered to extend her position for the next school year and she accepted. Prior to the start of the new year, she was offered a job at a Day Care Center closer to her home that came with a larger salary. She accepted the new position and informed the Board that she intended to resign. The Board refused to release her. She then left the Day Care to return to the school. She was upset about the situation and made an appointment with her doctor. Her doctor found she had high blood pressure and that her condition would not improve unless she improved her situation. The doctor also noted that it would be dangerous for her to make the long commute in her condition. She then resigned, citing the doctor’s instructions and got a job at the Day Care. The Board then looked for a replacement and there was only one option, who was more qualified than Lukaszewski. They hired her, and because of her higher experience, paid her a higher salary than they had paid Lukaszewski. The Board then filed a claim for breach of contract and sought the difference in salaries as damages.
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