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I have a contract with a school district in Texas that expires on August 1. I am not a teacher, but work in a program under a grant administered by the school district but I am a district employee. I am being highly pressured to turn in my resignation effective much earlier - June 1. They are threatening to "terminate" me immediately if I don't resign. They are not terminating the position, I was to run the summer program. I believe that the principal and grant administrator want me to resign so they can fill the position with less experienced/cheaper labor. I am very stressed as I am a single parent with 2 kids to support. So questions: 1. Under Texas Law - for educators - can I be terminated before my contract is expired? If so for what conditions? I have not done anything wrong.2. What are the consequesnces for Unemployment if I resign as they are pressuring me to do? 3. Do they have to buy out my contract if I resign or am terminated. XXXXXXX@XXXXXX.XXX
Optional Information: State/Country relating to question: Texas Already Tried: nothing yet, trying to find a labor attorney, but don't have much money
In order to give you a specific answer, I would have to see the contract, which isn't practical here. In general though, the contract should have language in it that covers how and when the contract can be canceled. If the contract says that it is terminable At Will by either party, then they can fire you. If it specifically requires that it is only terminable "for cause" or "for just cause," then they would have to show that you did something to breach the contract.
If you resign, then should the school challenge your unemployment, you would have the burden to show that you had "just casein connection with the work" to quit.
On the other hand, if you are terminated, the employer has the burden to show that you had just cause.
I realize that this is only general advice, but please keep in mind that I am not an attorney licensed to practice law in your state. This is not legal advice, and this answer does not create an attorney-client relationship. For that reason, and because cases like this are very fact specific, I would recommend that you contact the local bar association's lawyer referral service (they all have them) to locate a lawyer who practices TX Employment Law. Moreover, there may be nuances in state or local laws or customs and practices that affect your situation and that only an attorney in your state would be aware of.
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Counselor
Experience: Practicing Employment & Labor Law Attorney
In order to give you a specific answer, I would have to see the contract, which isn't practical here. In general though, the contract should have language in it that covers how and when the contract can be canceled. If the contract says that it is terminable at will by either party, then they can fire you. If it specifically requires that it is only terminable "for cause" or "for just cause," then they would have to show that you did something to breach the contract.
I realize that this is only general advice, but please keep in mind that I am not an attorney licensed to practice law in your state. This is not legal advice, and this answer does not create an attorney-client relationship. For that reason, and because cases like this are very fact specific, I would recommend that you contact the local bar association's lawyer referral service (they all have them) to locate a lawyer who practices TX employment law. Moreover, there may be nuances in state or local laws or customs and practices that affect your situation and that only an attorney in your state would be aware of.