Flora Setayesh v. State of Tennessee

This appeal involves the interpretation of a provision in an employment contract executed by a professor and Nashville State Community College.  The appellant, a tenured faculty member, transitioned from a teaching position to an administrative position and back again, and asserts that Nashville State breached the terms of her employment contract when it refused to pay her 80% of her administrative salary when she returned to a faculty position.  The Tennessee Claims Commission held a trial on the breach of contract issue and determined that the contract referred to a Tennessee Board of Regents policy that did not entitle the professor to 80% of her administrative salary, and therefore, the professor’s breach of contract action failed.  The Commissioner recalculated the amount of money the professor was owed for her spring 2018 salary.  The professor appeals, asserting that the Commissioner erred in refusing to consider parol evidence in rendering its decision.  We agree with the professor that parol evidence is helpful to understanding the parties’ intent as expressed in the agreement, and we reverse the Commissioner’s decision.  The case is remanded for calculation of the professor’s faculty salary at no less than 80% of her administrative salary.