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Can I terminate employees without violating employment laws in Texas? What are the requirements?

To terminate employees without violating employment laws in Texas, employers must comply with state and federal laws that prohibit discrimination and retaliation against employees. Employers must not discriminate against employees based on race, color, disability, religion, sex, national origin, or age [Tex. Lab. Section 21.051][2.1]. Employers are also prohibited from retaliating against employees who pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or who pursue affirmative action litigation [Tex. Loc. Gov’t. Section 146.011][2.1].

Employers must also comply with the requirements of Section 174.021 as to the conditions of employment for the duration of the agreement [Tex. Loc. Gov’t. Section 174.022][3.1]. Employers must keep employment records containing information as prescribed by the commission and as necessary for the proper administration of this title [Tex. Lab. Section 301.081][4.1].

Employment agencies must not fail or refuse to refer for employment or discriminate in any other manner against an individual because of race, color, disability, religion, sex, national origin, or age [Tex. Lab. Section 21.052][2.1]. Labor organizations must not exclude or expel from membership or discriminate in any other manner against an individual because of race, color, disability, religion, sex, national origin, or age [Tex. Lab. Section 21.053][2.4].

If an employer violates the terms of a conciliation agreement made under Tex. Lab. Section 21.060, they commit an unlawful employment practice [Tex. Lab. Section 21.061][2.1]. Employers, labor unions, or employment agencies who aid, abet, incite, or coerce a person to engage in a discriminatory practice commit an unlawful employment practice under Tex. Lab. Section 21.056 [2.1]. Employers, labor unions, or employment agencies who wilfully interfere with the performance of a duty or the exercise of a power under Tex. Lab. Section 21.057 by the commission, the commission’s staff, or the commission’s representative commit an unlawful employment practice [2.1].

Employers who administer a leave policy under which an employee is entitled to personal leave to care for or otherwise assist the employee’s sick child and the leave policy does not treat in the same manner as an employee’s biological or adopted minor child any foster child of the employee who resides in the same household as the employee and is under the conservatorship of the Department of Family and Protective Services commit an unlawful employment practice under Tex. Lab. Section 21.0595 [2.1].

Employees who voluntarily leave work without good cause connected with their work may be disqualified for benefits under Tex. Lab. Section 207.045. However, there are exceptions to this rule, such as leaving work due to a medically verified illness of the individual or the individual’s minor child, injury, disability, pregnancy, an involuntary separation, or a move from the area of the individual’s employment that was made with the individual’s spouse who is a member of the armed forces of the United States and resulted from the spouse’s permanent change of station of longer than 120 days or a tour of duty of longer than one year [2.1].

In summary, employers must comply with state and federal laws that prohibit discrimination and retaliation against employees, keep employment records, and not violate the terms of a conciliation agreement. Employment agencies and labor organizations must not discriminate against individuals based on race, color, disability, religion, sex, national origin, or age. Employers must also administer leave policies in a non-discriminatory manner.

Source(s):
Jurisdiction

Texas