Handicapped Children’s Education Board v. Lukaszewski
Wisconsin Supreme Court
332 N.W.2d 774 (1983)
Lukaszewski (defendant) contracted to work as a therapist for the Handicapped Children's Education Board (plaintiff) for the 1978-79 school year, then tried to resign early after receiving a better-paying offer elsewhere. When the Board refused to release her, she developed high blood pressure that she attributed to the stress of her situation and resigned, citing health reasons, before taking the other job. The Board's only replacement applicant was more qualified and cost over $1,000 more annually than Lukaszewski's salary. The Board sued for breach of contract; the trial court awarded it the extra annual cost. The court of appeals held Lukaszewski breached but that the Board suffered no recoverable loss because it received a more valuable therapist for the extra money. The Board appealed.
Whether 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.