Texas Attorney General Opinion: O-4148 Page: 4 of 4
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Doctor C. A. Show, page 4
have the responsibility for the "hiring and firing" of the other
employees, and the management of the fiscal affairs, of that
institution, subject to advice and regulation by the Ptate Board
of Control, and also suject to statutory regulations. !e are
informed by the Boerd of Control that its regulations:
(1) Permit an understanding between the superintendent
of the Pospital and its employees that they may resign, or be
discharged, at any tine without notice.
(2) Permit the submission and approval of -a supplemen-
tal payroll, covering wages or salary earned and unpaid, immedl-
ately upon the reverence of employment. .(We recormmetd this pro-
cedure be followed.)
(3) Prohibit anyone, not an employee, from staying
on the grounds of tha Iospital with6ut official permission.
"A notice (of discharge) terminates the
employment regardless of whether the employer
had the right to give the notice." 29 Texas
It is our opinion that a person who has been disoherged
from the service of Big Spring State Hospital cannot legally,
without offietal permission, stay on the grounds of solaid hospital
until he has been paid. And it is our further opinion that it
is not mandatory that Big "pring 0tate Hospital pay employees
leaving its service immediatey upon thE severance of relations;
but that such employee as should be paid within a reasonable time,
making due allowance for the preparation of a supplemental pay-
roll, its approval by the Board of Control, issuance of a warrant
by the Comptroller and mailing of the warrant to the ex-employee.
You ask whether you "would be liable for suit." This
presents a purely hypothetical question.which this department is
not authorized to determine. If the procedure above recommended
be followed, as we assue it will be, the occasion should not
arise for determining your possible liability to suit at the hands
of the discharged employee.
APPrOVD DC 3, 1941 Very truly yours
FIRST AS'IS'!TAN? A[TTOR E.GNEAL OF TEXrAS
APPROVED OPINION COMMITTEE By s/s
BY R B CHAIRM A - . . Allen
I RA tsw
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4148, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261388/m1/4/: accessed December 10, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.