Policy DCD (LEGAL)
At-Will Employment
The employment-at-will doctrine is the law of Texas, under which an employer has no duty to an employee regarding continuation of employment. Jones v. Legal Copy, Inc., 846 S.W. 2d [Tex. App.-Houston (1st Dist.) 1993]
The employment-at-will doctrine places no duties on an employer regarding an employee’s continued employment and thus bars contract and tort claims based on the decision to discharge an employee. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W. 2d 733 (Tex. 1985)
In Texas, at-will employment is presumed unless shown otherwise. Gonzales v. Galveston Ind. Sch. Dist., 865 F. Supp. 1241 (S.D. Tex. 1994)
Employment for an indefinite term may be terminated at will and without cause, except as otherwise provided by law. Garcia v. Reeves County, Texas. 32 F. 3d 200 (5th Cir. 1994); Irby v. Sullivan, 737 F. 2d 1418 (5th Cir. 1984); Winters v. Houston Chronicle Pub. Co., 795 S.W. 2d 723 (Tex. 1990)
Exception
An at-will employee cannot be discharged if the sole reason for the discharge was that the employee refused to perform an illegal act. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W. 2d 733 (Tex. 1985) [See DG, DGA, DGB for other exceptions]
Dismissal Procedure
An at-will employment relationship, standing alone without benefit of recognized exception, triggers no due process requirement out right. Mott v. Montgomery County, Tex., 882 S..W. 2d 635, 638 [Tex. App.-Beaumont, 1994]
Notice To The Commissioner
See policy DF regarding circumstances under which a certified paraprofessional employee’s dismissal will be reported to the commissioner of education.
Policy DCE (LOCAL)
At-Will Employment
The Board delegates to the Superintendent authority to hire and dismiss the following categories of employees, who shall serve on an at-will basis: teachers with District permits, paraprofessionals, and auxiliary personnel.
Assignment And Evaluation
The Superintendent or designee has sole authority to notify employees of assignments, compensation rates, and conditions of employment. Evaluation of at-will employees shall be conducted by the principal or supervisor in accordance with administrative procedures.
Reasonable Assurance Of Employment
District employees in positions normally requiring less than 12 months of service, who are expected to report to work at the beginning of the following school session, shall be provided a letter of reasonable assurance of employment. [See CRF]
Dismissal
At-will employees may be dismissed at any time for any reason not prohibited by law or for no reason, as determined by the needs of the District.
Appeal To Board
A dismissed employee may request to be heard by the Board in accordance with DGBA (LOCAL)
Reports To The State Board Of Educator Certification
Policy DF
The dismissal or resignation of a certified employee will be reported to the SBEC if there is reasonable evidence that the employee's conduct involves the following:
* Any form of sexual or physical abuse of a minor or any other illegal conduct with a student or a minor
* The possession, transfer, sale, or distribution of a controlled substance
* The illegal transfer, appropriation, or expenditure of school property or funds
* An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle the individual to a professional position or to receive additional compensation associated with a position
* Committing a crime on school property or at a school-sponsored event
*
Violating assessment instrument security procedures
Reports Concerning Court-Ordered Withholding
The district is required to report the termination of employees that are under court order or writ of withholding for child support or spousal maintenance to the court and the individual receiving the support (Texas Family Code §8.210, 158.211). Notice of the following must be sent to the court and support recipient:
* Termination of employment not later than the seventh day after the date of termination
* Employee's last known address
* Name and address of the employee's new employer, if known
