Sample Employment At Will Statement printable pdf download

Employment-At-Will Doctrine

Texas is an “employment-at-will” state. Generally, employees without a written employment

contract can be fired for good cause, bad cause, or no cause at all. In an at-will situation, either

the employer or employee may terminate the employment relationship at any time, with or

without warning, and with or without cause, unless there is an existing agreement with express

terms and conditions covering its termination.

Of course, the employment-at-will doctrine is not without its limits. Terminations initiated by

the employer must not be discriminatory or in violation of specific federal or state laws. For

example, the employer is legally prohibited from taking any “adverse employment action”

against an employee because of his or her race, gender, age, disability, national origin, or any

other legally protected characteristic or activity. Protected activities include, but are not limited

to:

• Filing a complaint of discrimination on the basis of race, color, religion, age, sex,

national origin or disability.

• Filing a workers’ compensation claim.

• Jury service.

• Refusing to perform an illegal act.

• Reporting violations of law.

Because upset employees sometimes sue a city based on the above and other grounds, it is

always recommended that a city maintain documentation of an employee’s performance. The

documentation serves as evidence that any disciplinary action was not based on protected

activity.

An employee's at-will status may be altered by a written or implied contract, or a state or local

law. If the employer and employee enter into a written contract, any termination must be

conducted pursuant to the terms and conditions of the contract. A discharged employee who

asserts the parties have contractually agreed to limit the employer's right to terminate at-will has

the burden of proving an express agreement or written representation to that effect.

The

execution of a written contract stating a specific sum per week, month, or year is a definite

employment for the period named and may not be arbitrarily concluded. Once the parties have

agreed to a term of service, the employee cannot be discharged except for cause.

Generally, an employer's general oral assurances that an employee will not be terminated without

good reason or good cause does not modify the employee's at-will status, absent a definite stated

intent to be bound not to terminate the employee except under specific circumstances and absent

an agreement on what would encompass good reason or good cause for termination.

For

Mott v. Montgomery County, 882 S.W.2d 635, 637 (Tex.App.--Beaumont 1994, writ denied).

Lee-Wright, Inc. v. Hall, 840 S.W.2d 572, 577 (Tex.App.--Houston [1st Dist.] 1992, no writ).

AccuBanc Mortg. Corp. v. Drummonds, 938 S.W.2d 135, 142 (Tex.App.--Fort Worth 1996, writ denied).

Montgomery County Hospital Dist. v. Brown, 965 S.W.2d 501, (Tex. 1998).

Sample Employment At Will Statement