texas firing

[proach]

What is the name of your state? texas
I need verification. in texas , an employer does not have to give a reason for termination. is this the best way to handle a termination for a troublemaker employee?

 

[JETX]

"I need verification. in texas , an employer does not have to give a reason for termination."
*** Correct. Texas (like most states) has 'at will' employment.

"is this the best way to handle a termination for a troublemaker employee?"
*** Is WHAT the 'best' way??

 

[proach]

not to give a reason

 

[cbg]

While it is not required that an employer give a reason for the termination, I don't believe that refusing to give a reason is EVER the best way to go. That only suggests to the employee that the reason is one the employer dare not give - in other words, that it's an illegal reason. Assuming that it's NOT an illegal reason, why give the employee cause to think so?

While I'm not saying that the employer needs to give a list of every specific ("On Friday you said thus and so to this employee; last week you didn't turn in such and such a report on time; at lunch you punched your co-worker in the nose") you should, in my opinion, always give SOME explanation ("Your work is not satisfactory; your attitude towards your supervisor is not what we like to see; at lunch you punched your co-worker in the nose") so that they aren't imagining all kinds of discriminatory reasons. If it's a pattern of poor, late, or faulty work, let them know it's because of unsatisfactory work. If it's for attitude reasons, let them know that. And there's nothing whatsoever improper, inappropriate, or legally risky in telling them they're fired because they punched their co-worker in the nose.

BTW, just as a point of reference, NO state requires that an employer tell the employee the reason for termination, at the time of termination. There are just a few states, and according to my source Texas IS one of them, where upon written application from the employee (or in some cases another employer seeking to hire the employee) a "service letter" which includes a truthful reason for the termination, must be provided.

 

[I AM ALWAYS LIABLE]

My response:

I have found from past experience that when you wish to terminate an employee, it is usually more effective and compassionate when you have a Louisville "Slugger" in one hand, and a switchblade in the other.

The message is quite clear without even speaking a word.

IAAL

 

[proach]

CBG,
the reason for termination basically is that this particular employee has a horrible attitude and flat out lies to coworkers to stir up trouble. also, we have several customers that say, we will not bring you any business unless this person apoligizes or is no longer an employee. she has had verbal and written reprimands, because i thought she was an employee worth salvaging. however, within hours of reprimand she lied about the reprimand to coworkers.(no one knew about the reprimand except her and myself and she gave details of everything in the written repimand to coworkers and also added some things of her own interpretation). i don't want to destroy her self esteem nor do i want to give her amunition against the company for any kind of complaints. i don't feel like she would have a case but she has made verbal threats to file suit against the company and its owners.(to customers) like i said i'm sure that there is nothing there (proof) but i really want to avoid confrontation and problems. my initial thoughts were to give her a letter stating it is in the best interest of the company to terminate her employment. please give me your opinion/advice. One more thing, everyone who talks to her, makes a comment that they feel like they need a witness or recording of their conversation, should I have a witness when I terminate her?

 

[proach]

I am always liable,
please explain a little. a louisville slugger and a switchblade?

 

[cbg]

You say you have documentation that she has been warned about the problems?

If that is the case, I would say to her that for the reasons already provided her, the company is no longer in need of her services. If she pushes for additional reasons, tell her that there have continued to be complaints from customers. DO NOT show her the complaints or tell her specifically who complained, no matter how hard she tries to force the issue. The last thing you want is her going directly to the customers about how "they got her fired".

If you have documented the problems, and especially if you have documented the previous warnings and reprimands, that will go a long, LONG way to defending any suit she may try to bring.

For the record, Texas is an at-will state which means that you can terminate her for any reason that is not specifically prohibited by law. Nothing in your post shows indicates that she will have any kind of case to bring.

If you have not documented the problems in her file, I would give her a "last-chance" warning, documented ON PAPER in her personnel file, preferably with her signature or a witness verifying that she refused to sign. (And yes, I would have a witness, preferably her manager, your manager, or the head of HR, present at the termination.) In the event that you go the last-chance route, spell out SPECIFICALLY what needs to change and give her a limited time frame (30 days is reasonable) in which you need to see significant improvement. Make sure she understands that unless you see IMMEDIATE and on-going improvement, she can be terminated even before the end of the 30 days and be darned sure she knows that her job is on the line.

However, I would only go this route if you cannot pull documents out of her file that show she's been warned about this. (Warnings are not required by law, but they can be a significant part of a defense if she tries to file a wrongful termination lawsuit.) It sounds as if she's had plenty of chances, and if you've got the documentation I see no reason to wait.

 

[I AM ALWAYS LIABLE]

My response:

Now, after reading all that, wouldn't you agree that holding a Louisville "Slugger" and a switchblade in her presence would be a lot easier?

No muss, no fuss. The intent is clear.

IAAL

 

[proach]

CBG and IAAL
Thanks for your advice