Employment Law Attorney in Houston, Texas

What is employment at will?

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00:04
so perhaps the most
00:06
confusing concept about employment law
00:10
is the concept of employment at will and
00:12
there’s really not
00:13
a lot of magic to it in texas and and in
00:16
most cases i’m almost sure it’s up to 45
00:19
k
00:19
states by now an employer
00:22
can terminate an employee for a good
00:25
reason
00:26
a bad reason or no reason at all
00:29
that’s the employment will doctrine on
00:31
the other side of that on the flip side
00:33
an employee can terminate his employment
00:37
for a good reason or bad reason or no
00:40
reason at all
00:41
but there are exceptions the exceptions
00:44
are
00:45
statutory exceptions like discrimination
00:48
in texas
00:49
you can’t fire somebody for for the sole
00:52
reason that he or she
00:54
refuses to perform an illegal act
00:57
that’s called the sabine pilot exception
00:59
to the
01:00
employment will doctrine there are many
01:03
whistleblower statutes out there there
01:05
are
01:05
statutes and regulations and and
01:08
you and case law
01:12
to get around the employment will
01:14
doctrine
01:15
but the employment will doctrine
01:17
essentially says as i said you can fire
01:20
you can fire or quit for good reason or
01:22
bad reason or no reason at all
01:24
to add one point to the employment will
01:27
doctrine which is very
01:29
very well misunderstood a lot of people
01:31
will
01:32
will have the understanding
01:35
that texas is what’s called a right to
01:38
work state
01:39
and that gets confused with the
01:41
employment will doctrine
01:43
the right to work state only deals
01:46
with if the employer is a union shop
01:50
the employee can work there whether he
01:52
or she is a member of the
01:54
union or not you have a right to work at
01:57
a
01:57
union facility at a union union job
02:01
whether or not you’re in that union and
02:03
that’s what a right to work state is

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.

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