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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4986
Experience:  Extensive experience representing employees and management
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I am an high school coach and recently was given a job offer

Customer Question

I am an high school coach and recently was given a job offer where I could become a Head Coach and HR is giving me the run around about letting out of my contract and most all districts honor job promotions. What options do I have? I am in Texas by the way.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Can you attach your contract to the question so I can look over it for you (using the paper clip icon to attach)?

Since JustAnswer is a public forum, please redact any information that could identify you to ensure your privacy.

Thanks!
Customer: replied 1 year ago.

Cant attached the contract dont have on pdf but the ammendments that


are applaciabel


are


Termination of Contract


This Contreact will terminate, in accordance with the procedures at Texas Education Code Chapter 21, if the Board determines that termination of Employee's contract at the end of the contract period will serve the best interests of the District or if the Board dtermines that any of the following exists: good cause, financial exigency, or a program change. This Contract will also terminate if Employee provides written notice of resignation before the penalty-free resignation date in accordance with Texas Education Code Section 21.105

Expert:  Joseph replied 1 year ago.
Hello Alton,

Can you tell me when you put in your letter of resignation? Was it 45 days before the first day of instruction of the following school year?

And to clarify, are you just a coach, or are you employed as a teacher as well? Or considering employment as a teacher in the future?
Customer: replied 1 year ago.

I put my letter of resignation in today Aug 1 and school starts Aug 26. No it was not 45 days before the first day of instruction. I am employed as teacher and coach.

Expert:  Joseph replied 1 year ago.
Did you contact the school board about your letter of resignation and whether they would accept it, or did you just deliver the letter to HR?
Customer: replied 1 year ago.

i just sent the letter to HR with the letter of intent to hire as a Head Coach. The school I am trying to go to HR Chief Resource officer said they are acting very unprofessional.

Expert:  Joseph replied 1 year ago.
Hello Alton,

I'm not sure about how unprofessional they are acting or not. What I can tell you is that the law is in their favor if they don't want to release you from your contractual obligations to the school.

Since you failed to given written notification 45 days or more before the beginning of classes, only the school board can possibly release you from your obligations under the contract as stated in Texas Education Code - Section 21.105:

A teacher employed under a probationary contract for the following
school year may relinquish the position and leave the employment of
the district at the end of a school year without penalty by filing
with the board of trustees or its designee a written resignation not
later than the 45th day before the first day of instruction of the
following school year. A written resignation mailed by prepaid
certified or registered mail to the president of the board of
trustees or the board's designee at the post office address of the
district is considered filed at the time of mailing.
(b) A teacher employed under a probationary contract may
resign, with the consent of the board of trustees or the board's
designee, at any other time.
(c) On written complaint by the employing district, the
State Board for Educator Certification may impose sanctions against
a teacher employed under a probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.


Since you are a teacher, the current district that employs you can make a complaint to the Board of Education to impose sanctions on you for failing to comply with subsection (a) and failure to perform the contract.

Unfortunately, while I'd really like to find some other options for you, it seems that your current district has you legally over a barrel, and can choose whether or not to release you from your contractual obligations. If they don't, and you still decide to leave to become a head coach at the other school, you may be subject to sanctions, which could impact your teaching license.

It makes sense that the HR Chief Resource Officer would call your current employer's HR 'unprofessional,' but unfortunately their actions are legal, and it would be your license and credentials on the line if you breach the contract, not the HR's Chief Resource Officer.

I realize that the above information is not what you wanted to hear, and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up questions.

Thanks and best of luck!
Customer: replied 1 year ago.
I was told ny my union that 1 of 3 criteria may be meet to get out of my contract
1.Job promotion as deemed by the district which this meets
2. Illness
3. Move up to 100 miles away

And if these criterias are meet they would let me out of my contract
Expert:  Joseph replied 1 year ago.
Hello Alton,

I don't see any basis for that in the law. I'm sure you would get out of the contract due to illness, but it wouldn't be in the school district's best interests to let you out for a job promotion or because the move is more than 100 miles away.

That said, if they don't let you out of the contract, it'd be best to go to your union representative to file a grievance, to see if that can get you out.

Joseph, Lawyer
Satisfied Customers: 4986
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Alton,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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