I have an employee who is great at her job; however, she constantly misses work. She does not have any flex time, vacation time or sick time left. She requests that we simply not pay her for her time off, but I need her to be a productive member of our office. Without her, we are not as productive and do not make as much money. Can I fire her?
Texas is an at-will employment state and absent an employment contract, employers can terminate employees for any reason (with a few exceptions). An employer cannot terminate an employee based on their race, gender or age.
In addition, an employer should have a thorough employee manual that addresses all possible employment issues with the company as well as day to day operations. Any violations of the manual should be well documented in the employee’s personnel file and discussed with the employee. The employee should be put on notice of the problem and advised of the possibility of termination for repeat behavior. The idea is to be sure that conduct in violation of the company’s employee manual will not be tolerated and subject to consequences.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
