(10/17) Employment laws vary in different states in the US. While most states have similar laws, some requirements are far from the norm. Did you know that Texas has an at-will employment law that allows employers to fire at will? Let's get into it.
Fired doesn't mean unfair
Texas has a different employment law when it comes to firing. There is an at-will employment clause that allows employers to fire their staff for reasons best known to them. These reasons could be based on poor performance or other similar reasons. However, firing a staff member based on discrimination is illegal. If this is the case for you, contact an employment lawyer in San Diego.
Employers cannot also fire an employee to retaliate over a report to the government for discrimination.
Employees are distinct from contractors
As an employee in Texas, the job comes with more than just a salary. You're entitled to benefits, compensation, and insurance. Contractors, on the other hand, do not get these benefits. How do you know which category you fall into?
For one, the employment contract states it clearly. Also, if you work supervised in the typical business mode, then you're an employee. A contractor may only be contracted to work for a specific number of hours.
Off-work conduct can affect employment
Recently, there has been a rise in social media usage. There have been cases of people losing their jobs over discriminatory posts on social media. Despite not being on duty, employers can still choose to fire employees that display unprofessional conduct on social media if it affects their public image. The only exception to this rule is that employees have protection from the family and medical leave act.
In some cases, employees can lose their jobs by breaking codes of conduct, such as sharing a patient's medical record online.
No salary deductions
Employees are not allowed to deduct the salaries of their staff for any reason. If there's a mistake with an invoice and a customer underpays, the employer cannot collect it from the employee's pay.
The only exception to this rule is if the employee was negligent and willfully made the mistake. Then the employer may be justified in deducting the payment. However, it is still a gray area because they may have a hard time proving negligence.
Retaliation
When it comes to giving references to a subsequent employer, the former employer must be honest. The law only allows employers to share some information about their previous employees. They can speak about why the employee was let go and their performance before leaving. Employers can also talk about other things like the attendance and effort put into the job.
Lastly, lunch breaks are not guaranteed in Texas. It is within the prerogative of the employer to decide how much unpaid hours can go towards a lunch break. The common practice is fifteen minutes and bathroom breaks during the day. Nursing mothers also get breaks to feed their children.
