Employment Law For Redundancy In Houston
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FAQ
Employment relationships in Texas are governed by the “at-will employment” doctrine. This means that either the employer or employee can terminate employment for any reason, or even no reason, unless there is a specific law or agreement to the contrary.
The agreement must be backed by consideration. The employer must give something of value to the employee in exchange for the agreement. Employees must have 21 days to consider the severance offer, or 45 days if more than one employee is laid off as part of a group lay off.
Layoffs are due to lack of work, not your work performance, so you may be eligible for benefits. For example, the employer has no more work available, has eliminated your position, or has closed the business.
You can also file a complaint with the Department of Labor The DOL Wage & Hour Division can provide you with information as to what sorts of claims or complaints they accept and how their process works. They can be contacted at 866-487-9243. They also have a webpage with information that might be helpful.
If you work in Texas, you would file a claim with the Texas Workforce Commission (TWC). The limit extends to 300 days from termination in some instances. This is why it is important to act quickly after your termination. Be sure to keep as much documentation as possible.
A: Explanations are reasons often aren't required by law, but it may be wise to do so. Providing a brief explanation for an employee's termination may protect you from misunderstandings that can cause an employee to file a wrongful termination claim.
Wrongful termination occurs when an employer fires their employee for a reason prohibited by the law. This includes termination based on discrimination, retaliation against whistleblowing, violation of public policy and breach of contract.
What are the rules that govern redundancy procedures? The Worker Adjustment and Retraining Notification Act requires private sector employers to give 60 days' notice of mass layoffs and plant closures; it allows a number of exceptions for unforeseen emergencies and other cases.
