Teachers Told They Can't Revoke Their Resignations but Contract Says Otherwise

The issue explained below is in regards to FBISD's Incentive Agreement and resignation agreement given to employees on April 1, 2011 and earlier.  

Please see this previous post for a more detailed explanation. 

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

As of today, Fort Bend ISD human resources is telling teachers and employees that they CANNOT revoke their resignation, only their INCENTIVE bonus of 10% of base pay.   


Here is what the form that was signed by many employees on April 1, 2011 ACTUALLY states [emphasis added]

VOLUNTARY EXIT INCENTIVE AGREEMENT FOR FORT BEND INDEPENDENT SCHOOL DISTRICT 2011

1) Resignation from Employment. Participant hereby voluntarily resigns from and hereby terminates his or her employment with the District effective (resignation date) 2011(the "Resignation Date" which must be last day of Participant's 2010-2011 employment contract).

3)    h) I acknowledge that I will be given seven (7) calendar days after signing this Agreement to rescind, revoke or cancel this Agreement, and for this purpose is located at the end of this Agreement.

In other words, the incentive pay AND the resignation are inseparable parts of the same agreement.  When you agree to one, you agree to the other.  Therefore, to rescind or revoke one is to rescind or revoke the entire agreement.*  According to the contract, employees should have seven days to revoke it.  

This issue could be a serious breech of contract on the part of FBISD and may be grounds for compensation for damages in the form of civil litigation.  If this has happened to you, you have the right to consult an attorney.*

* see legal disclaimer