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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116715
Experience:  20+ Years of Employment Law Experience
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What is recourse under dismissal with vote of no confidence

Customer Question

What is recourse under dismissal with vote of no confidence when there are no negative performance reviews and all state inspections and reports are far better than under previous department head? A relarive was employed as public works director of small city in Texas. He replaced an individual who resigned; but since that individual resigned the city council has openly and privately taken actions to undermine relative's authority as department head, change rules and benefits hoping relative would leave. Public works inspections have dramatically improved and no fines on relatives' watch unlike previous employee whom the council would like to rehire. Former employee even filed false report with state that lead to an inspection with no finding of issues in water and sewer systems. Relative's interest in in not having an employment reference of no rehire. Also this is SMALL town and county Texas and it wll be in the papers! Newly appointed city administrator delivered news at 8 AM this morning. issue was not bought to public council agenda and administrator is spouse of administrator.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he is appointed to the position and not under any contract, he legally serves at their pleasure. Thus, if he is removed from the position, he has no recourse other than perhaps collecting unemployment, since he can be removed without cause as he serves at the will of the council.
If the former employee made a known false complaint against him, then your relative can sue the former employee for defamation/libel and seek damages.
If the council removes your relative for no cause, then they can do so. However, the council cannot state he was removed for some false reason and if they do, then the relative can sue the council for defamation/libel as well and seek damages including forcing them to correct his records.