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Houston, TX employment law attorney Gregg M. Rosenberg explains employment at will. He notes that one of the most confusing concepts in employment law is the doctrine of employment at will. In Texas, as in most states—he estimates up to 45—an employer can terminate an employee for a good reason, a bad reason, or no reason at all. That is the essence of the employment-at-will doctrine. Similarly, an employee can resign for a good reason, a bad reason, or no reason at all.
However, he notes, there are important exceptions. These exceptions are typically statutory. For example, in Texas, an employer cannot terminate someone solely for refusing to perform an illegal act, which is known as the Sabine Pilot exception. Additionally, various whistleblower statutes and other regulations provide protections that limit the reach of the at-will doctrine. Despite these exceptions, the general principle remains that either party can end the employment relationship for virtually any reason.
He also clarifies a common misconception: people often confuse Texas’s status as a “right-to-work” state with employment at will. The right-to-work law only applies to unionized workplaces. It ensures that employees in a union shop can work there whether or not they choose to join the union. It does not affect the at-will employment doctrine, which governs the broader ability of employers or employees to terminate employment freely.
