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CATEGORIES OF NON-CONTRACT EMPLOYEES

The Board authorizes the Superintendent to hire non-contract employees in the following categories:

REGULAR

Regular employees are hired for positions budgeted for a continuous, indefinite duration on a full or part-time, basis.

TEMPORARY

Temporary employees are hired for positions of no longer than six months duration on a full or part-time, basis.

SUBSTITUTE

Substitute employees are hired on an hourly, on-call basis for work to be performed as needed. A substitute employee who works in a full-, or part-time, position for one continuous month shall be changed from substitute to temporary status.

AT-WILL EMPLOYMENT

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)

All regular, temporary, and substitute non-contract employees are at-will employees whose employment may be terminated at will and without cause, except as otherwise provided by law. Garcia v. Reeves County, Texas, 32F.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)

The School has no duty to at-will employees regarding continuation of employment. Jones v. Legal Copy, Inc., 846 S.W.2d (Tex. App.--Houston (1st Dist.) 1993)

Exception

Regular, temporary and substitute employees cannot be discharged if the sole reason for the discharge is 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)

RESIGNATION

A noncontract employee may voluntarily relinquish his/her position and leave the employment of TSBVI. The superintendent requests written notice of the employees intention to leave the employment of TSBVI 14 days prior to the effective date of the resignation.

DISMISSAL PROCEDURE

An at-will employment relationship, standing alone without benefit, or recognized exception, triggers no due process requirement nor right. Mott v. Montgomery County, Tex., 882 S.W. 635, 638 (Tex. App.--Beaumont, 1994).

Termination of employment is a condition of work that is a proper subject for the grievance process. Fibreboard Paper Products Corp. v. National Labor Relations Board, 85 S.Ct. 398, 402 (1984); Sayre v. Mullins,681 S.W.2d 25 (Tex. 1984) [See DGBA]

A TSBVI employee whose employment has been terminated may appeal the termination to the Board.

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.

Adopted: 11/17/95

Amended: 5/24/96, 5/31/01, 1/28/05

Reviewed: 1/23/98