Texas Discipline: What you need to know
Progressive discipline is a policy in which the severity of the penalty increases each time an employee commits an infraction. Generally, a progressive discipline scale begins with oral reprimands, followed by written warnings, suspensions, and, finally, discharge. Progressive discipline procedures are most often found in collective bargaining agreements and in the public sector, but they are becoming increasingly common in the private sector.
There are two major problems with having a progressive discipline procedure in an "at-will" employment relationship. First, it can be time-consuming to administer the steps and generate all the accompanying paperwork. Second, a progressive discipline procedure can, under certain circumstances, transform an otherwise at-will employment relationship into a contractual one.
If a disciplinary procedure is promised. The Texas courts are fairly conservative in upholding the concept of at-will employment. Still, employers should be extremely cautious about allowing anyone in the organization to make any promises, whether oral or written, regarding terms and conditions of employment to an employee or applicant.
Employee handbooks. In keeping with a strong presumption in favor of the at-will standard, the Texas courts have generally held that promises contained in an employee handbook or policy manual do not create a contract of employment, especially when the handbook contains a disclaimer. However, an employee handbook may modify that relationship if it expressly limits the employer's right to terminate an employee (Williams v. First Tennessee National Corp., 97 S.W. 3d 798 (TX Ct. App. 2003)). There is additional information available.
>> Read more about Discipline
More on this topic:
New Hampshire |
New Jersey |
New York |
North Carolina |
North Dakota |
Rhode Island |
South Carolina |
South Dakota |
West Virginia |
Texas Discipline Resources
QuikStep Guide to Discipline
QuikStep guides tell you what to do, how to do it, what to say, when to say it. All QuikStep guides feature a simple step-by-step solution with detailed instructions, samples, tips, and checklists."
Audio Click 'n Train: Progressive Discipline
This movie-like version of the powerpoint presentation with audio makes it easy to deliver progressive discipline training. This ready-to-deliver meeting gives you effective toolbox training - no preparation required! Includes meeting outlines, customizable PowerPoint® slides, handouts, quiz, trainer's guide and more!"
Click 'n Train: Progressive Discipline
Complete PowerPoint® training meeting made easy to deliver progressive discipline training to your supervisors. This ready-to-deliver meeting gives you effective toolbox training – no preparation required! Includes meeting outlines, customizable PowerPoint slides, handouts, and quizzes."
HR Audit Checklists
Created by employment law experts, this unique and practical handbook provides prewritten checklists that help spot and correct compliance problems before they become costly lawsuits. You get checklists on HR policies, job descriptions, safety and OSHA, compensation programs, hiring practices, performance measurement, telecommuting, flexible work hours and much, much more. "
10-Minute HR Trainer™
Here’s the system that gives you everything you need to train your supervisors and managers on the everyday HR skills they need. In just 10 minutes per session you can deliver effective training - without the hard work of preparation. From ADA to how to avoid termination problems, you get 50 prewritten trainer outlines, reproducible handouts, plus case studies and quizzes. Free quarterly updates.