Handicapped Children’s Education board v. Lukaszewski Supreme Court of Wisconsin 1983 1) Facts a) 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. 2) History a) The Plaintiff filed suit against the Defendant for the difference in salary it was forced to pay when Defendant breached her contract. 3) Issue a) Did the defendant breach her contract and the plaintiff suffer damages i) An employer may recover damages from an employee who has failed to perform an employment contract ii) The damages for breach of an employment contract include the cost of obtaining other services equivalent to that promised but not performed, plus any foreseeable consequential damages iii) There is no question that the board took on an extra 1,026 dollars iv) The board did not want a higher qualified teacher but were forced to take the only one who applied to the position, therefore regardless of the higher quality, the school board suffered recoverable damages 4) Judgment: Reversed Dissent  The resignation was justified  The board caused her physical condition and the stress they created  The termination was therefore, justified