Texas Key Employee Notice
Description
How to fill out Key Employee Notice?
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FAQ
A true key employee has three critical qualities. He or she has a direct and significant impact on the value of the business. The employee's role in the company, responsibilities and decisions impact sales, profitability, growth, product development or another critical value driver in the business.
A Key Employee is one who in the prior plan year met one or more of these criteria:An officer of the company earning $185,000 or more annually;A 1% owner with a salary of $150,000 or more; and,A 5% (or more) owner regardless of salary.
The rule followed by the Commission recognizes that two weeks' notice is standard in most industries. If the employee gives notice of intent to resign by a definite date two weeks or less in the future and you accept the notice early at your convenience, it will be regarded as a resignation, not a discharge.
In Texas, any notice from an employee to an employer resigning does not obligate the employer to anything. (Unless there is an employment contract that says otherwise.) The employer does not have to continue employment for those additional two weeks.
If the notice is two weeks or less, and the employee accepts the notice by leaving within the two-week period, the work separation will still be considered involuntary, and the employer will have to prove misconduct if the claimant is to be disqualified from unemployment benefits.
Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.
5% owner test: An individual is a key employee if he or she owns more than 5% of the company sponsoring the plan. 1% owner test: An individual is a key employee if he or she owns more than 1% of the company sponsoring the plan and receives actual compensation of more than $150,000 for the year.
A key employee is an employee with major ownership and/or decision-making role in the business. Key employees are usually highly compensated either monetarily or with benefits, or both. Key employees may also receive special benefits as an incentive both to join the company and to stay with the company.
In general, if your employer requires two weeks' notice before you quit but reserves the right to fire you without notice, then your employment is likely still at will. This means if you quit without notice, you may be violating your employer's policy, but not any law or contract.
The key employee exception to reinstatement places a difficult burden on the employer to meet the standard of a substantial and grievous economic injury and provide related timely notices.
