Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I was terminated with 1 week before school is out. I am an

I was terminated with 1...
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?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
5/17/2013
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
Experience: Employment/Labor Law Litigation
Verified

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?

Ask Your Own Employment Law Question
Customer reply replied 4 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.)

 

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
19,342 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,342 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
After having filed an EEOC discrimination complaint at Texas
After having filed an EEOC discrimination complaint at Texas A&M University - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of Me. (… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I was recently terminated from an exempt position. I was on
I was recently terminated from an exempt position. I was on interment FMLA. The reason they said was for putting the in corrrct time out from the facility. ( was from their point 15 mins. As a result … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
It is an employment question. I am on FMLA (less than 4
it is an employment question. I am on FMLA (less than 4 months), I was accepted to return to work on Monday 10/23/17. However shortly after the acceptance to return, I was notified by email and phone … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am preparing a rebuttal to a position statement in an Eeoc
I am preparing a rebuttal to a position statement in an Eeoc charge of discrimination and retaliation. I have so much detail facts documents. Is it better to use a “shot gun approach” or more focused … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Scenario: someone goes on FMLA on January 23. This person is
Scenario: someone goes on FMLA on January 23. This person is currently an office administrator and received a raise in December 2016. This person has a stroke on January 23 and is put on FMLA until th… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,342 satisfied customers
What is the difference between discriminate and harassment,
What is the difference between discriminate and harassment … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,342 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I was on FMLA which my employer allowed to go into a medical
I was on FMLA which my employer allowed to go into a medical leave. I have returned to work, my position has totally changed (demotion) as a contract admin with a JD I am now doing a new MSA and Subco… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have terminated the employment contract now my employer
I have terminated the employment contract now my employer has filed lawsuit Need assistance in facing the lawsuit … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x