Question

The “covenant of good faith and fair dealing” as related to employment-at-will implies that excellent performance over an extended period of time grants the performer a right to only be terminated for “just cause.” Research your state’s position (Texas) in this area. Evaluate the position.

Answer 1

Texas is an employment-at-will state. This means that employers can terminate employees for almost any cause. However, such terminations can be challenged in the case of good performers or those performing according to a contract. The following are some of the reasons which can be used to challenge terminations in Texas:

1. Breach of contract has not taken place

If it can be proved that an employee has a valid contract, has performed according to contractual terms, and there is no breach of contract on the employee's part, the termination can be termed as wrongful and can be challenged.

2. Discrimination can be proved

If a qualified employee is terminated without a valid reason and any kind of discrimination can be proved, based on race, colour, religion, age, disabilities, or any such reason, the termination can be challenged as wrongful.

3. Retaliation can be proved

If it is proved that the termination is retaliatory in nature, and the employer has terminated the employee for asking for legal rights such as medical benefits or other dues, the termination can be challenged.

4. Harassment is present

If it can be proved that the employer has harassed the employee by not supporting them or including them in rightful meetings or information sharing, the termination can be challenged as wrongful.

5. Employee asked to perform illegal or criminal acts

If it is proved that the employee was asked to do something criminal like offering bribes, give wrong information to customers, or break laws, and then terminated from employment, such termination can be challenged as wrongful.

6. Violation of civil rights statutes

If an employee is terminated for civil duties like taking leave for jury duty or military duty, the termination may be challenged as unlawful.