You Have The Right To Resign - and to Remain Silent

Teachers and employees who are laid off are given two choices.  They can either resign within seven days or face the worst fate imaginable, a non-renewal of contract.  What difference does it make?  That depends on who you are.

Now, if one intends to leave the district, a resignation would be preferable to waiting around for administration to decide not to renew your contract.  Someone who has enough years to retire may choose to do so rather than look for another job.  But many of the employees in Fort Bend who were recently laid off were on some kind of probationary contract.  Of those, many have been going through the alternative certification, taking classes and being monitored as they work their way into the teaching field.  Even though this was a terrible way to start a first year, some have been wondering if resigning or being laid off will hurt their alternative certification process.  The answer in almost all cases is no.  If an alternative certification teacher finishes the year, they have still done what they needed to do to complete that portion of their training.

But what if an employee is on a term contract and wants to keep working?  Or if the employee thinks they have a case against the district?  The answer is DON'T SIGN THE RESIGNATION PAPERS!  Human resources has told teachers it's the "way to go".  They'll say "the last thing you want is not to be renewed".  That's because the moment you resign, you give up everything.  According to the resignation document, these things will happen once you sign the forms. 

But, If you signed the resignation form, you still have seven (7) days to revoke it!

1) You will give up all worker's rights afforded to you by the laws of Texas and the U.S.

(3)Therefore, on behalf of myself, and my heirs, executors, administrators, successors, and assigns, I release and discharge the District, its trustees, employees, officers, and agents, both past and present, from any and all claims, and causes of action related to, or arising out of, my employment or termination of employment with the District, based on facts occurring prior to the date of this Agreement. This includes, but is not limited to, claims arising under federal, state, or local laws, regulations, orders, or ordinances, including, but not limited to, the Texas and U.S. Constitutions, the Texas Commission on Human Rights Act, Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, 42 U.S.C. Section 1981, 42 U.S.C. Section 1983, Executive Order 11246, the Rehabilitation Act, the Older Worker Benefit Protection Act, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Texas Workers' Compensation Act, the Texas Labor Code, and any claims and/or causes of action of whatever kind or character, in tort or contract, statutory or otherwise, for legal or equitable relief.

2) If you decide to sue later, you will pay all court costs - even if you win.

(3)I additionally waive and release any right I may have to recover any lawsuit or proceeding brought by me, an administrative agency, or any other person on my behalf or that includes me hi any class. If I breach this paragraph, I understand that I will be liable for all expenses, including costs and reasonable attorneys' fees, incurred by the District in defending the lawsuit or charge, regardless of the outcome. I agree to pay such expenses within thirty (30) calendar days of written demand. This paragraph is not intended to limit me from instituting legal action for the sole purpose of enforcing this Agreement.

3) You give up the right to work for the district again, unless they want to hire you back.

I also agree to waive any right to reinstatement or any future employment or relationship with the District. However, the District retains the right, at its sole discretion, to consider me for future employment in any capacity.

 4) You give up the right to claim unemployment benefits.

(6)The District reserves the right to contest any future claims made by the Participant for unemployment benefits and to rely on this document and related paperwork in such circumstances.

It's the employee's right to be informed and to make informed decisions.  The next step is to follow the procedures that Texas law affords all school district employees.