Originally Posted by
kw5413
You are correct. No reason is required in Texas. But, if the employer does give a reason, they had better have cause, documentation, and be right.
As long there is no discrimination involved they are still likely in compliance. Discrimination isn't defined only by race or religion. If you have a history of terminating because someone refuses overtime then it is not discrimination. If the company has a history of continuing to let others remain employed after refusing OT...then there could be a problem.
In addition, if they have allowed 35l911 to remain employed after refusing OT...many times previous as we read the story here... Then they would generally need to provide written notice if it is their intent to change this alleged previous practiced policy.
In right to work states, most educated employers will just simply state that the term'ed employee is "terminated without cause". Unless, of course, the employer is trying to avoid paying additional unemployment taxes. Then the documentation needs to be in place. While Texas is a business friendly state, businesses still have to follow the rules.
The ones I fire are usually for attendance or poor performance. Those are easy records to keep in my business, so it isn't hard for me to get rid of someone when I feel it's time. On the OT issue, we have them sign a paper up front that OT is required and that it could be with very little advance notice. In that contract we also cover performance expectations and the attendance policy. Miss work excessively, scrap expensive steel or refuse to work the OT when needed and they're gone, simple as that.