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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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I was terminated with 1 week before school is out. I am an

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I was terminated with 1 week before school is out. I am an ACE teacher from Notre Dame and teach at a Catholic School in South Texas. I want to know if I can appeal my termination before the school year ends?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


You were at a Catholic school. Am I correct in assuming that you, like most in Texas, were not part of a union and that this is a private employer?


Does the school have an appeals policy that they've told you about?

Did you have an employment contract stating that you could only be terminated for cause?

Customer: replied 3 years ago.
I don't know. They just told me I can get fired for no reason needed.

Well, if you don't know, then you are not in a union. You'd know, because it is a length process.


You'd also know if you had an employment contract stating that you can only be terminated for cause.


What they are describing is that you are an "at will" employee. That means that you can legally be terminated at any time, with or without cause. So, that is what they appear to be telling you and, for a private school in Texas, that is almost certainly true. Private schools don't grant employment contracts, for the most part, and Texas doesn't have a teacher's union that is allowed for public schools, so the private schools generally do not have them either.


If you are an "at will" employee, there is no were for you to appeal to. You can certainly send letters to the school President and there is no time restraint on that, so you can do it before the school year is out if you want, but that isn't a formal legal appeal process. There is no formal legal appeal process for an "at will" termination.


The only way that you've have any sort of recourse is if you have evidence that the basis for your termination is your race, religion, gender, age, disability or FMLA use. Then you'd need to be contacting the EEOC (or Department of Labor for FMLA use discrimination.)


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