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Question: What notices must be given before an employee is terminated or laid off? Answer: The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to termination or lay-off. In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure.
In Texas, an employer does not have to give a departing employee a termination notice or letter, or a letter of recommendation, based on a 1914 Texas Supreme Court ruling in the case of St. Louis Southwestern Railway Co.
A termination letter or email should include the reason for termination, the effective date of termination, any severance pay or benefits that will be provided, and any instructions for returning company property or completing final tasks. It should also be written professionally and respectfully.
Since 1888, Texas has been an at-will employment state. As an at-will state, employment in Texas may be terminated by an employer or an employee for a good reason, a bad reason, or simply no reason at all, absent a specific agreement to the contrary.
Most US workers are hired ?at-will,? and the employer is not legally bound to provide a notice of termination when ending the services of an employee. The employer can terminate the employee for any reason, as long as the reason is not illegal ? such as termination based on gender, religion, or racial discrimination.
Texas, like many U.S. states, operates under the ?at-will? employment doctrine. This means that unless a contract or an agreement states otherwise, both employers and employees can terminate the employment relationship at any time, for any reason, or even for no reason at all, provided it's not an unlawful one.
Is it required for your employer to state a cause for your termination in Texas? Unfortunately for at-will employees, employers are not legally bound to explain why the employee has been let go. No law in Texas mandates an explanation for a termination.