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Contracts Keyed to Summers
Handicapped Children’s Education Board of Sheboygan County v. Lukaszewski
Citation:
112 Wis.2d 197, 332 N.W.2d 774Facts
The Handicapped Children’s Education Board of Sheboygan County (hereinafter “the Board”) (plaintiff) hired Elaine Lukaszewski (defendant) as a speech and language therapist at one of its schools. Pursuant to her contract with the Board, Lukaszewski was to receive an annual salary of $10,760, but had to commute 45 miles from her home. Before the start of the school year, Lukaszewski was offered a position with a day care center that was closer to her home and paid an annual salary of $13,000. Lukaszewski attempted to resign from her position with the Board, but the Board refused to release Lukaszewski from her contract. So, Lukaszewski worked at the school assigned by the Board, but had misgivings about the job. She eventually saw a doctor who found her blood pressure to be high. The doctor found that it would be dangerous for her to drive long distances in her medical state. Lukaszewski eventually resigned from her position with the Board. Shortly after, Lukaszewski reapplied for and was hired by the day care center. The Board sued Lukaszewski for breach of contract, alleging it suffered damage in the amount of the additional compensation ($1,026.64) it had to pay to Lukaszewski’s replacement.
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