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The basic rule of Texas employment law is employment at will, which applies to all phases of the employment relationship - it means that absent a statute or an express agreement (such as an employment contract) to the contrary, either party in an employment relationship may modify any of the terms or conditions of employment, or terminate the relationship altogether, for any reason, or no particular reason at all, with or without advance notice.
Sounds like an employee can be fired at any time, doesn’t it?
Then we have the exceptions:
This means the same thing to an employee and to an employer. Yes, you can be terminated or terminate at any time. But in the real world, that’s not quite true.
As an employee, you have standards to meet, as an employer, you are required to set the standard, continue to assure that the standards are being met and that the employee has the training and equipment to meet those standards.
As an employee, if you feel you do not have the training or the equipment to safely and correctly do your job in a timely manner, your responsibility is to communicate this with your employer. And document your communication.
As an employer, if your employee is not doing their job correctly, safely and in a timely manner, your responsibility is to communicate this with your employee. And document your communication.
There will always be employers who fail in their task as employer, there will always be employees who fail in their task as an employee. Most don’t enter into a relationship with bad intent. This is when laws and their accompanying exceptions come in to play.
Be aware of your rights and responsibilities as an employee and as an employer, and document your communication. For more information on at will employment, go to www.twc.state.tx.us
~ DD Haines ~