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Can I fire employees for reasons other than poor performance in Texas? What are the requirements?

Termination of Employees in Texas

In Texas, employment is generally at-will, which means that an employer can terminate an employee for any reason or no reason at all, as long as it is not an illegal reason. However, there are certain requirements that employers must follow when terminating employees.

According to [2.2]" >40 TXAC 854.81, an employer may subject a manager to administrative action for unsatisfactory performance, which includes failing to comply with the manager’s responsibilities under applicable law, the requirements of the BET manual, or any instruction by Agency staff. The five types of administrative actions that are based on unsatisfactory performance are written reprimand, probation, loss of facility, termination, and emergency removal of manager.

Additionally, [1.2]" >40 TXAC 802.104 states that the Agency may assist Boards, workforce service providers, AEL grant recipients, AEL service providers, and Agency grantees with strategies for improving compliance or performance. A technical assistance plan may include identification of one or more specific performance improvement issues, assessment of specific technical assistance or training needs, selection of one or more specific technical assistance or training activities to be implemented, identification of the appropriate entities to provide the technical assistance or training, identification of a timeline for completion of the technical assistance or training, and specific dates for reassessment of technical assistance or training needs and completion of the specific technical assistance or training.

Therefore, while an employer in Texas can terminate an employee for reasons other than poor performance, they must ensure that the termination is not based on an illegal reason and that they comply with applicable laws and regulations. Employers may also seek assistance from the Agency to improve compliance or performance.

Note that the documents provided do not cover all possible scenarios, and it is recommended to consult with a legal professional for specific advice.

Source(s):
Jurisdiction

Texas