At some point, circumstances may lead you to decide that you need to resign. Here’s what you need to know so you won’t suffer the consequences of “ab和oning your contract.”
Contract employment means there are terms agreed upon by both the employer 和 employee for a designated period. A contract is an outline of obligations regarding compensation, 工作的期望, 以及终止的原因.
Public school employees who are required to have a contract include:
In any given school district, other employees also may be required to have contracts.
- 试用合同 are one-year contracts — usually f或者是 first year of employment with the district — that can be renewed for two more years. This contract can be terminated by the employer at the end of the period for any reason, 不需要给出任何理由.
- 长期的合同 extend over a specified period, automatically renew, 和 last no longer than five years. Termination by the employer can occur only with good cause.
- 继续合同 are continuous year to year until the employee resigns, retires, or is terminated by the employer.
根据德州教育法, contract employees are required to resign no later than 45 days before the first day of instruction f或者是 school year. Resigning outside this timeframe can lead to a determination that you have “ab和oned your contract” 和 a one-year suspension of your teaching certificate.
这个规则也有一些例外, 在德州行政法规中列出, 教育工作者辞职而不受惩罚:
- Serious illness or health condition of the educator or a close 家庭 member
- Relocation to a new city as a result of a job change f或者是 educator’s spouse or a partner who lives with them
- Significant change in the educator’s 家庭 needs that requires the educator to relocate or devote more time than allowed by their current employment
If you want to leave your job mid-contract 和 you don’t qualify for one of those exceptions, 你必须提交一份申请 合同版本 学校董事会. 学校董事会不需要批准释放, although you can choose to ab和on your contract if the release isn’t granted.
That said, if you choose to ab和on your contract, the district may choose to file a complaint. An employee who has previously chosen to resign can change their mind 和 remain employed, depending on the resignation date 和 if that date has been approved by the district.
If you’re thinking about leaving your position after the penalty-free resignation date, there are steps you can take to avoid the one-year suspension imposed by the Texas Education Agency’s State Board for Educator Certification for contract ab和onment.
- BET8手机登录网址你的 当地的工会 or 准会员资格的程序 代表 你辞职.
- Provide documentation of any illness, injury, relocation, or change in 家庭 needs 在你辞职之前 和 try to secure your school board’s consent to the resignation.
- Try to negotiate with your district to see if the board will accept your resignation.
如果你一定要毁约的话, these steps may go a long way toward persuading your district administration 和 school board to release you without penalty:
One thing you shouldn’t do: “take your principal’s word for it” that you can resign without penalty. Only the school board can release you from your contract. You need to work with your Human 资源 department, not just your campus administrator.
- The employee will resign on an effective date agreeable to both parties.
- The employee will drop the grievance (if there is one).
- 继承人, 家庭, 等, will not pursue legal recourse against the district, 它的员工和董事会成员. This agreement will contain all remedies 和 will close the case as permissible by law (employee doesn’t surrender any federal rights, for example the right to file a discrimination case etc).
- All documents pertaining to grievance or investigation will be kept in a separate file 和 only revealed as per legal requirements.
与合同就业, at-will employees have no contract outlining terms of their employment, including when 和 how it can be terminated by either the employer 或者是 employee.
随意离职的员工可以随时离职, due to any circumstance — although two weeks’ advance notice is usually the expectation. Employers of at-will staff can terminate the employee for any reason at any time (besides those protected by law).
Public education employees who have at-will employment include:
- 德州教育法典委员会. 21.102年试用合同
- 德州教育法典委员会. 21.在试用合同下的辞职
- 德州教育法典委员会. 21.204项合同
- 德州教育法典委员会. 21.根据定期合同辞职
- 德州教育法典委员会. 21.152年继续合同
- 德州教育法典委员会. 21.在持续合同下辞职