Articles Tagged with employee termination

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AdobeStock_300361069-300x200Texas is an at-will employment state, meaning at-will employees may be terminated at any time for any reason, as long as it is not an illegal reason when the decision is in the best interest of an employer. Terminating employees is rarely an easy decision, and any business struggling with employment decisions should work with an Austin employment lawyer.

The Texas Workforce Commission (TWC) notes that no advance notice of termination or resignation is necessary, but when advance notice of resignation is given, it may be accepted, rejected, or modified by an employer. When a notice period is rejected, an employer does not have to pay for the time not worked by an employee since the duty to pay ends on the date a work separation becomes effective.

Planning Terminations

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He may have looked the part, spoken well in the interview, and had the right experience. In fact, he seemed like a great fit for your company. It’s only after a few months that you realize why he was available in the first place. Employees who clearly engage in wrongful conduct such as sexual harassment, violation of company policies, or constant tardiness are often easier to terminate than employees who aren’t the right fit for the corporate environment. San Jose businesses may fear wrongful termination litigation after firing an employee for causing dissent among the staff or failing to embody corporate values. California, like most states, is an “at will” employment state. This means that absent a contract, you have the right to terminate an employee at any time and for any reason that doesn’t violate state or federal law.

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Avoiding Wrongful Termination Lawsuits in California – 2 exceptions to the rule

1. Although California is an “at will” employment state, there are two notable exceptions to this rule. First, an employee with an employment contract may be protected from a termination “without cause.” This means that there must be a justifiable reason for her termination as defined in the employment contract. The employee may also be entitled to certain notice and disciplinary warnings before termination. We can review any employment contracts at issue to ensure a termination complies with these provisions.

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