Nathan v. French American Bilingual School

Opinion

BROWN (H. C.), J. The French American Bilingual School (French School) as defendant in an action by Miss Claudine Nathan (Miss Nathan) for wrongful termination of an employment contract, petitioned the trial court for an order to compel arbitration and now appeals the trial court’s denial to issue such order.

The appellant French School and respondent Miss Nathan entered into a written contract of employment dated March 15, 1966. The term was to be for two years, the salary $5,000 per year, and Miss Nathan was to devote her full time (8 a.m. to 4 p.m., five days per week) to the teaching of kindergarten, first, second or third grades, or a combination of those grades. The agreement also contained an arbitration clause in the event of any controversy arising out of the employment as follows: “4. Any controversy or claim arising out of this employment, shall be settled by arbitration of three arbitrators of whom one shall be nominated by the Consul General of France in San Francisco, the second by the President of [281]the Board of Trustees of the French American Bilingual School, and the third by yourself. The decision of two of the arbitrators shall be binding in accordance with California law.”

Miss Nathan’s employment was terminated by the French School on June 30, 1967, after the expiration of one year of the two-year contract term. Miss Nathan was orally notified of the reasons for termination in June of 1967, and by letter on September 21,1967, as follows:

“This letter confirms the prior action of the French American Bilingual School terminating your contract of employment as a teacher, effective June 30, 1967. You were advised by Miss Jeannette Rouger, Directress, in early June, 1967, and confirmed by the undersigned on June 14, 1967, that the officers of the School with the approval of the Board of Trustees had reviewed your performance as a teacher for the academic year 1966-1967 and determined that your employment should be terminated on the date stated above. As stated to you verbally, the reasons for the termination of your employment were your proven inability to meet the professional standards required of a teacher in your position. Among other things, you proved unable to get along with the children in your class and to get them to take an interest in their work. Also, your numerous absences beyond acceptable limits caused an excessive cost to the School for substitute teachers.