Q. A teacher employed at School A concurrently subs on contract an identical course at School B for a few months of someone’s maternity leave. The teacher’s tests are proprietary and were developed before and independent of School B. School B never stipulated that it would expect said test to become its property and had such stipulation been made before starting, the teacher would never have agreed to teach there. Does school B have any right to force the teacher to hand over any test in that teacher’s possession that the teacher developed at School A and before teaching at School B? Is School B obligated to pay the teacher any outstanding classroom period teaching session payments regardless of the issue of which party keeps the tests?
A. Although from the way this question is presented, it would seem that the teacher, does not have to turn over the tests of School A to School B, experience teaches that when you are dealing with monetary issues and different parties, there is often different stories and opinions, as to what was said, agreed and understood.
Therefore, as with similar questions, Horav Shlomo Miller’s Shlit’a opinion is that all concerned parties present their case to a Rov or Beis Din they all agree to consult and will hear them all.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a