The process of terminating an employee can be both challenging and complex. It can also come with a number of legal and emotional considerations. Like many other states, Texas Employment Law has a number of intricacies that can be hard to navigate. So, understanding it can help you navigate the termination process legally and ethically.
Understanding Texas Employment Laws
Like many other states, Texas operates under the “at will” employment doctrine. Unless a contract or agreement says otherwise, both employers and employees can terminate the relationship at any time and for any reason. They can even terminate employment for no reason as long as it’s not unlawful.
At-will employment does come with some important exceptions of which any employer should be aware. Some of them include terminating an employee for discriminatory reasons, as an act of retaliation, or in violation of specific public policies. You can’t terminate an employee because of race, color, religion, gender, or nationality. You also can’t terminate an employee for exercising his or her rights under specific laws (such as workers’ compensation or the Family and Medical Leave Act).
You can’t terminate an employee as retaliation for refusing to perform an illegal act, for reporting illegal activities, or for participating in an investigation into those activities. These exceptions aren’t just part of Texas at-will employment laws but are also part of federal laws.
How State and Federal Employment Laws Work Together
It’s important to understand federal employment laws with those that are specific to the State of Texas, because they will often overlap and interact with each other. There are some federal employment laws that give employees more comprehensive protection against discrimination in the workplace. Some of them include the following:
- The Civil Rights Act of 1964.
- The Americans with Disabilities Act (ADA).
- The Age Discrimination Employment Act (ADEA).
Being well-versed in state and federal employment laws can help you navigate this complicated landscape, so you can protect your business from possible lawsuits. Complying with these laws isn’t just a matter of legal obligation. It’s about creating a fair and respectful workplace.
The Consequences of Wrongful Termination in Texas
Employers who are found guilty of wrongful termination in the State of Texas can face severe penalties. You could owe compensation to the wrongfully terminated employee for back pay and future pay. In some cases, you may have to pay for punitive damages. You may also have to provide job reinstatement and even face certain criminal liabilities. Not to mention, the damage it would do to your reputation.
The Proper Procedure for Terminating an Employee
To terminate an employee in a legal and ethical manner, Texas requires you to follow certain procedures and practices. One important part is having the right documentation and record-keeping procedures. Any performance-related issues, policy violations, and disciplinary actions related to those issues need to be properly documented. This is a critical step because it will validate the lawful reasons behind the termination in case the employee files a wrongful termination claim.
While terminating an employee, the news should be delivered professionally and respectfully. It’s a good idea to have a private conversation with the employee, offer a clear explanation, and give that person a written notice of the termination. If possible, a representative from Human Resources or some other company leader should be present to serve as a witness to the discussion.
Severance Package Laws in the State of Texas
While Texas doesn’t require employers to offer severance packages, many choose to do so because it can make the transition easier for the employee. Severance pay can include a week or two of salary, but it can be more (depending on the length of the employment and the circumstances of the dismissal). Employers may also continue to provide certain benefits (such as health insurance) for a certain period of time.
Offering severance packages can sometimes deter employees from filing a wrongful termination lawsuit. In exchange, employers will often ask them to sign a release of claims. It’s a legal document where the employee agrees not to sue the employer for wrongful termination or any related claims.
If you’re looking for an attorney in Corpus Christi that can help you understand the complexities of Texas employment termination laws, be sure to get in touch with Gale Law Group. We have a team of experienced professionals with a thorough understanding of Texas Employment Law, and they would be happy to speak with you about your specific needs!