At-Will Employment Issues

Dallas At-Will Employment Issues Lawyer.

Texas employees are presumed to be hired “at will.” Under the at-will employment doctrine, an employer or employee can terminate employment at any time, with or without cause. An employer can discharge any at-will employee for any reason and without notice, unless the action is prohibited by an employment contract, federal statute, or common law.

At the Dallas, Texas, offices of Loya Law, we believe that most employment at-will issues are not as tricky or complex as employers make them. We provide skilled employment law support that can help companies make more informed decisions and avoid litigation.

Many employers make mistakes when they fire without cause, leading to lawsuits that are avoidable. Cost prevents many small business owners and medium-sized companies from retaining a lawyer to resolve at-will employment issues. You don’t have to resolve them alone. We are dedicated to cost-effective solutions to all your employment situations.

Knowing your options and how to protect yourself before you take action is where an experienced attorney at Loya Law puts their knowledge of federal and state employment law to work on your at-will employment concerns. It is important to note that under certain circumstances, Texas law may override the at-will employment doctrine regarding discharge:

  • Whistle blowing by state or local government employees
  • Harris County or Dallas County employees participating in county grievance procedures
  • Discrimination due to gender, race, color, national origin, age, religion, or disability under the Texas Commission on Human Rights Act
  • Reporting or opposing TCHRA violations
  • Filing workers’ compensation claims, (also known as workers’ compensation retaliation)
  • Because of union membership or non-membership
  • Due to mental retardation
  • Permanent employees discharged based on military active-duty service or training in Texas or any other state
  • Serving on a jury
  • Complying with a valid subpoena
  • Having a child-support withholding order against you
  • Taking time off to vote, attend a political convention, or refusing to vote in a certain way
  • Reporting violations of the Hazard Communication Act
  • Exercising employee rights under the Agricultural Hazard Communication Act
  • Using the Workers’ Compensation’s toll-free telephone service to report a violation of an occupation health or safety law
  • Without good cause while labor arbitration pursuant to the Texas Labor Arbitration Act is pending
  • Refusing to buy certain merchandise, from a company store for example
  • Refusing to take an AIDS test, unless it is a necessary job qualification
  • Hospital, mental-health or other treatment-facility, or nursing home employee whistle blowing
  • Physicians reporting the acts of peers to the State Board of Medical Examiners
  • Registered nurses discharged for reporting incidents to the Board of Nurse Examiners
  • Health-care employees refusing to participate in abortions or for participating in abortions at another facility

Employment Contract Exceptions

The employment-at-will doctrine does not apply if a valid employment contract exists, clearly indicating a definite term or some limitation on the employer’s right to fire the employee. A legal professional at Loya Law will determine if an employer may have violated the contract.

Contact Us

At-will employment cases, discrimination and related areas of employment law for small and medium-sized businesses do not have to be complicated or expensive. We offer an experienced, insightful commitment to protecting each client’s interests. Contact us today for a consultation about your needs.