If the Two Councilors of five do not understand that Tebo has taken the town to the brink of bankruptcy when she should have handled our finances as a fiduciary would. And since the councilors like Rhett Bullard and Spencer Lofton only may make policy, if Spencer and Tonja will not vote to terminate Tebo’s employment, the solution I believe is to seek an attorney on behalf of the Town and sue Tebo.
This is my opinion. I believe that the White Springs Town Council can Sue Stacy Tebo for Breach of Contract. You have the written Contract as proof of the terms she has violated. You can ask for several forms of damages. You can start with the cause of action being Breach of Contract.
Some contracts must be in writing. The Statute of Frauds dictates which contracts must be in writing to be valid. Examples of contracts that must be in writing include contracts for:
- The sale of real estate or land
- Goods valued over $500
- Paying another person’s debt
- Agreements that will last longer than one year
- Transferring property after a death
We already have Determined various areas of Tebos contract have been breached so one of the elements has been met. A breach of contract has occurred. Breach of the contract occurs when a party who owes something under the contract fails to provide that good or service. This failure must be severe to be considered a breach and I would say running the Town into the ground and not budgeting or following the law, allowing us less than two months of operating cash; keeping her address in Orange City; Missing Fridays and most Mondays and taking weeks off she ought not to in accordance with the contract referring to the personnel manual, etc.
Determine whether you are within the statute of limitations. All states have statutes of limitations. These are laws provide the time limit for filing a suit. We should have no problem with either the Federal or State Court decided upon.
- The statutes vary based on your state as well as the circumstances of your case, the type of case, and whether you filed your claim in federal or state court. All of these factors will change the deadline for filing suit.
- The deadline for filing a civil suit, such as breach of contract, is generally between 2 and 6 years. Specific information on your state’s statute of limitations for a contract claim can be found online. The time begins to run once you realize the contract has been breached
This means we need to take a civil suit now.
Determine if the breach is material and caused damages. The law requires that a breach be serious and that it caused damages before a party may sue for breach of contract. Damages must be in the form of lost money.
- There should be no problem on this one from the Hutcherson situation to the LOFT funds to the purchase of the excavator to favoring employees like Greene, etc. These would be considered a material breach, in my opinion.
Keep track of all damages. Make sure that you keep records of any financial damages that you may have. Calculate any money that you have lost and any other negative effects you have
When you enter into a contract you are legally obligated to perform your contractual duties—that is, do what you promised to do in the contract. Nonperformance is the failure to fulfill your obligations under a contract. However, you do not have to perform your promises under a contract until performance is due.
But there can be cases where a contract is breached before the time for performance comes. This occurs when one party decides before performance is due that he or she will not perform as promised and communicates the decision to the other party. The second party can sue the first party for breach of contract even though the time for performance has not arrived. This is called anticipatory breach of contract
Karin for the blog