Avoid These Termination Mistakes
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Keith Clouse, a Dallas employment lawyer who frequently counsels employers on legal issues, knows that employers sometimes make missteps when deciding to terminate employees. Here, he examines two common mistaken beliefs about the termination process.
1. A belief that any reason for termination is sufficient. While it’s true that Texas is an employment-at-will state and that an employee can be fired for a good reason, a bad reason, or no reason at all, it’s much easier to defend a discrimination claim when the employer had a “good” reason for firing the employee.
2. A belief that an employee’s documented performance problems or attendance problems are all that matter. While it’s true that an employer terminating an employee for performance problems or attendance problems stands on solid ground, an employer must go deeper in its analysis. Were other employees with similar deficiencies treated similarly? Did the employee miss work for legally protected reasons, such as leave covered by the Family and Medical Leave Act or due to a disability? Has the employee recently complained about discrimination or harassment and, if so, could the termination be seen as retaliatory?
When in doubt, an employer should seek legal counsel before terminating an employee. This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a workplace matter, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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