Cantu v. Central Education Agency

884 S.W.2d 565 (1994)

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Nature of the Case

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Facts

Cantu (P) was hired by a school district under a one-year contract for the 1990-91 school year. On August 18, 1990 shortly before the beginning of the school year, P delivered to her supervisor a letter of resignation effective the previous day. P requested her final paycheck be forwarded to her. The superintendent, the only official capable of receiving her resignation got it on Monday, August 20^th. A letter was written accepting the resignation and deposited, stamped and addressed on 5:15 p.m. that same day. At 8:00 a.m. the next morning, P hand delivered to the superintendent’s office a letter withdrawing her resignation. The superintendent hand-delivered a copy of his acceptance mailed on the 20^th and stated that it could not be withdrawn. The State Commission of Education determined that because the acceptance had been effective when mailed, the refusal to honor her contract was not unlawful. P contends that the trial court erred when it ruled that the acceptance of the resignation became effective when deposited in the mail.