ILLINOIS APPELLATE COURT RULES THAT ASSOCIATE SUPERINTENDENT'S RELIANCE ON ALLEGED ORAL PROMISES FROM THE SUPERINTENDENT DID NOT INVALIDATE THE CONTRACT
In a major ruling regarding school administrator contracts, the Illinois Appellate Court held that a board of education properly dismissed an associate superintendent pursuant to an early termination clause in her employment contract.
In Ungurait v. Peoria Public Schools No. 150, successfully defended by Stan Eisenhammer and Michelle Todd, the appellate court upheld the trial court's dismissal of Ungurait's initial complaint.
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| Dr. Michelle Ungurait |
This case centered on the employment of Dr. Michelle Ungurait as the Associate Superintendent of Schools. Ungurait relocated to Illinois from North Carolina prior to entering into a written agreement with the board of education memorializing the terms of her employment.
During her first year as Associate Superintendent, the board terminated Ungurait's employment with the school district under an "early termination" provision of Ungurait's contract. The early termination clause provided that the board could terminate the administrator's employment, without cause, if the board provided the administrator with 30 days' notice of the termination and paid the administrator the remainder of her salary for the contract year.
After the board's termination of the employment contract, Ungurait filed her complaint arguing that the Superintendent had made oral promises to her in order to elicit her relocation and employment with the district which rendered the employment agreement unenforceable.
In its decision, the appellate court found that the early termination provision of the contract was enforceable because the board complied with the notice provision and salary payout as defined by its own written terms. Moreover, the court concluded that the executed employment contract between the parties barred Ungurait from arguing that she relied on alleged oral representations from the Superintendent regarding the terms of her employment– including contract term, salary and benefits. The court definitively held that the express terms of the employment agreement barred any of her claims for damages related to oral promises made by the district.
26 comments:
Do the ends justify the means in this instance?
Shame on Ungurait for being excited to take the job and moving before she had a signed contract.
That is typical of D150. Shame on Ungurait for trusting her friend Lathan, who promised her the job, then stabbed her in the back and tried to destroy her financially and careerwise.
She gets paid for the remainder of the year. Who's the real loser here? :) Taxpayers. Congratulations, again, District #150 school board.
The lathanater is going to have a few more lawsuits coming her way . . . and these, she won't be able to escape.
Yes. Lathan and her cronies still don't understand that what happens at the administration building does NOT stay at the administration building. Your average Joanne (teacher) probably hears more about what goes on behind those closed doors than do all of the board members combined. We know how Lathan operates. It's disgusting . . . and it's only a matter of time before all is exposed. Her "insiders" aren't as loyal as she thinks.
Ask one of Latham's "pastor" hanger ons if this matters morally or ethically even it don't matter to the courts.
I hope that the community comes out this evening in front of the admin. bldg. at 6 pm to stand up for these principals, teachers, and paraprofessionals. Let's hold Lathan accountable, for once!
Isn't this the same excuse they used to get rid of McArdle? Why is it people who claim to be so Christian act as if Christianity didn't exist at all?
Business Law 101: Get it in writing. Ungarait was high enough in the Administration hierarchy that she should have a basic understanding of contract law. If she chose to throw caution to the wind in her excitement over taking the job then she should blame herself, and what corners might she have cut on behalf of the district?
Michelle never thought she would be thrown under the bus by a trusted friend. This situation is liken to one failing to sign a prenuptial because you really trust what a person says. I am so sorry for Michelle. She is a very smart person. She will have to chalk this one up.
But, Michelle can now tell all she knows.
Michelle can tell all she knows. However, she probably prefers not to be involved in "professional mud-slinging." Michelle is going to look good in the long run.
Things hidden under the rock is surfacing at a steady pace. Let's be patient.
A few points...Michelle Ungurait was the only one of the NC crew who had any brains or class...therefore the need to get rid of her. She's better for it, however Lathan always has to leave her mark. The equivalent of peeing on people to mark her territory and frighten them into submission. Guess in this case it didn't work. Maybe Ungurait was going to expose the corruption and chaos that she knew? Maybe not..maybe they just didn't like each other.
Also...the comparison of Ungurait to McArdle...RIGHT! McArdle was terminated due to utter incompentence and terminated correctly under the terms of her contract as well. Ungurait was terminated because she made Lathan mad..plain and simple.
As always the real losers are students, families, employees and the community. It's a sad situation that will not change until the board takes action or is forced to take action by the state. This problem really is bigger than any one community group or person. Lathan needs to go and go now. She is destroying something that wasn't healthy to begin with and will continue as long as she's allowed. Why wouldn't she...look how much Peoria is paying her to fail and bully.
No. you are quite mistaken. McArdle was fired for outing Mary Davis for theft. Big difference.
Oh. and did I mention Mary Davis took a plea deal.....had to admit GUILT...stealing from children. What a bottom feeder.
Emerge, are you going to live-blog from the BOE meeting tonite? I understand there will be another protest at 6:00 before the meeting.
Thank you for all you do for our community!
I second that! Emerge, thank you!
To correct anonymous re: Davis (yeah she was my kid's principal and I support her...get over it)--the State's Atty dropped all 'theft' charges and she pled to attempted obstruction of justice so state attorney could save face. It had nothing to do with theft (no a penny was missing ie. experts report) i don't know or care why the McArdle woman was fired but of course she and her family have hijacked another thread.
I know from Michelle that Grenita called her at home and offered her the job without an interview. Why would she ever expect Grenita to lie and put in a no fault clauseWHEN SHE RECRUITED her... So much money spent to hurt a person that many people say is good.
Sad for Michelle. More sad for Peoria children.
Anon parent: if da is wasnt guilty then why did she get probation and have to pay $15000.00 in restitution. You and your slimeball ilk DESERVE each other. All PHONIES.
Just another way to save face! Emails to prove it! Fine print is important. Duh!!!! My oh My!!!!!!
You people are jokes; Lathan can't win. It's simple: f you don't do your job, you get fired. Black, white, friend, foe, IL or NC. Do your jobs and you won't be next.
You forgot to mention the part where you do your job and yet somehow piss off the lathanator. Then you will be fired, pink-slipped, or demoted. It really is a simple thing. Be the shroom.
Ungurait did do her job....that's why Lathan fired her. but it's nice to see Latoy continues to read this blog....
Yep they read it. The problem is if they recognize anyone they are in real trouble. That group is so imtimidating and such bullys. That is what we try to teach our childre not to do. We have a zero tolerance regarding the students and bullying but the Supt. and her NC contingence can do what we don't want children to do.
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