Termination Without Severance Pay In Texas
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FAQ
In Texas, there are no labor laws in breaks, so employees do not have a right to breaks and employers are not required to provide a certain number of breaks even during a 12-hour shift. However, it is common for workplaces to provide one meal break (30 mins.) and two rest breaks (15 mins.
For instance, it would be illegal for an employer to terminate an employee because of race, religion, age or disability discrimination or retaliation. Other examples would include terminating an employee because the employee disclosed she was pregnant, or because the employee made a workplace safety complaint.
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.
No advance notice of termination or resignation is required. If advance notice of resignation is given, it can be accepted, rejected, or modified by the employer.
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.
For example, if you decide to quit, you can do so without giving advance notice, unless your work contract or employee handbook says you should. Even though Texas law doesn't require you to give two weeks' notice, doing so can show professionalism and help you leave on good terms with your current employer.
How does state or federal law impact the process of terminating an employee in Texas? In Texas, employment is generally at-will, meaning an employee can be dismissed at any time and for any reason, as long as that reason isn't illegal under state or federal law.
Severance is never a requirement of any employer unless you have a signed employment agreement stating otherwise, or, it is a written policy of the company.