Employment-At-Will Doctrine
Employment-At-Will Doctrine
Texas is an “employment-at-will” state. Generally, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. In an at-will situation, either the employer or employee may terminate the employment relationship at any time, with or without warning, and with or without cause, unless there is an existing agreement with express terms and conditions covering its termination.1
Of course, the employment-at-will doctrine is not without its limits. Terminations initiated by the employer must not be discriminatory or in violation of specific federal or state laws. For example, the employer is legally prohibited from taking any “adverse employment action” against an employee because …show more content…
v. Hall, 840 S.W.2d 572, 577 (Tex.App.--Houston [1st Dist.] 1992, no writ).
3
AccuBanc Mortg. Corp. v. Drummonds, 938 S.W.2d 135, 142 (Tex.App.--Fort Worth 1996, writ denied).
4
Montgomery County Hospital Dist. v. Brown, 965 S.W.2d 501, (Tex. 1998).
2
example, a Texas court recently found that an employee’s at-will status was modified and an employment contract existed where the employee’s manager expressly told him that he would not discharge the employee as long as he complied with the law.5
Although employee handbooks and policy manuals are generally viewed as non-binding guidelines,6 language appearing in a handbook that specifically and expressly restricts the employer's right to terminate may be interpreted as altering the at-will status.7
Municipal ordinances or charters that contain provisions requiring a showing of cause for the termination of certain employees can also alter the at-will relationship.8 Similarly, some state statutory provisions require cause for removal. For example, a simple majority of the city council of Type A general-law cities may remove municipal officers for incompetency, corruption, misconduct, or malfeasance in office after providing the officer with due notice …show more content…
For more information, please contact the TML Legal Services Department at legal@tml.org or
512-231-7400.
SAMPLE EMPLOYMENT AT WILL STATEMENT
Nothing contained in this policy manual or in any other materials or information distributed by the [Town/Village/City of _____] creates a contract of employment between an employee and the city. Employment is on an at-will basis. This means that employees are free to resign their employment at any time, for any reason, and the city retains that same right. No statements to the contrary, written or oral, made either before or during an individual's employment can change this. No individual supervisor, manager or officer can make a contrary agreement, except for the
[____ex. City Council, Mayor, Department Head, etc.___], and even then, such an agreement must be set forth in a written employment contract with the employee, signed by [___position title of the person who has authority to sign employment contracts____].
The policies in this manual are intended for all employees of [the Town/Village/City of
____________], its divisions and subsidiaries. The city reserves the right to revise, change,
Texas is an “employment-at-will” state. Generally, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. In an at-will situation, either the employer or employee may terminate the employment relationship at any time, with or without warning, and with or without cause, unless there is an existing agreement with express terms and conditions covering its termination.1
Of course, the employment-at-will doctrine is not without its limits. Terminations initiated by the employer must not be discriminatory or in violation of specific federal or state laws. For example, the employer is legally prohibited from taking any “adverse employment action” against an employee because …show more content…
v. Hall, 840 S.W.2d 572, 577 (Tex.App.--Houston [1st Dist.] 1992, no writ).
3
AccuBanc Mortg. Corp. v. Drummonds, 938 S.W.2d 135, 142 (Tex.App.--Fort Worth 1996, writ denied).
4
Montgomery County Hospital Dist. v. Brown, 965 S.W.2d 501, (Tex. 1998).
2
example, a Texas court recently found that an employee’s at-will status was modified and an employment contract existed where the employee’s manager expressly told him that he would not discharge the employee as long as he complied with the law.5
Although employee handbooks and policy manuals are generally viewed as non-binding guidelines,6 language appearing in a handbook that specifically and expressly restricts the employer's right to terminate may be interpreted as altering the at-will status.7
Municipal ordinances or charters that contain provisions requiring a showing of cause for the termination of certain employees can also alter the at-will relationship.8 Similarly, some state statutory provisions require cause for removal. For example, a simple majority of the city council of Type A general-law cities may remove municipal officers for incompetency, corruption, misconduct, or malfeasance in office after providing the officer with due notice …show more content…
For more information, please contact the TML Legal Services Department at legal@tml.org or
512-231-7400.
SAMPLE EMPLOYMENT AT WILL STATEMENT
Nothing contained in this policy manual or in any other materials or information distributed by the [Town/Village/City of _____] creates a contract of employment between an employee and the city. Employment is on an at-will basis. This means that employees are free to resign their employment at any time, for any reason, and the city retains that same right. No statements to the contrary, written or oral, made either before or during an individual's employment can change this. No individual supervisor, manager or officer can make a contrary agreement, except for the
[____ex. City Council, Mayor, Department Head, etc.___], and even then, such an agreement must be set forth in a written employment contract with the employee, signed by [___position title of the person who has authority to sign employment contracts____].
The policies in this manual are intended for all employees of [the Town/Village/City of
____________], its divisions and subsidiaries. The city reserves the right to revise, change,