In Texas, the idea of “employment at will” is common. This means that you or your employer can end your job at any time, and there's no legal rule saying you must give notice. For example, if you decide to quit, you can do so without giving advance notice, unless your work contract or employee handbook says you should.
Assuming there is no contract or agreement to the contrary, you're not required to keep an employee on during their resignation notice period or compensate them for the duration of that period. However, we recommend considering a couple issues before asking an employee not to work during their notice period.
California employment law strictly prohibits employers from engaging in coercive tactics to force an employee to resign.
For example, if you decide to quit, you can do so without giving advance notice, unless your work contract or employee handbook says you should. Even though Texas law doesn't require you to give two weeks' notice, doing so can show professionalism and help you leave on good terms with your current employer.
Constructive dismissal is when an employee is forced to quit their job against their will because of their employer's conduct.
In Texas, the employment-at-will doctrine is a basic rule that guides how jobs work between employers and employees. It means that either you or your employer can end the job at any time, for any reason, or even for no reason at all, as long as it doesn't break any laws or contracts.
How does state or federal law impact the process of terminating an employee in Texas? In Texas, employment is generally at-will, meaning an employee can be dismissed at any time and for any reason, as long as that reason isn't illegal under state or federal law.
Forced Resignation – In Texas, forced resignations can occur when an employer creates a hostile work environment or coerces an employee to resign. This scenario is known as constructive discharge and can be considered illegal if it results from discrimination or retaliation.
If an employee quit while in possession of company property and is due a final paycheck, the employer cannot hold wages to recover the property unless the employer is authorized to do so by law, is required to do so by a court, or if the employer has written authorization from the employee for the deduction.
25 Feb From the HR Support Center: Do We Have to Honor an Employee's Two-Week Notice Period? Assuming there is no contract or agreement to the contrary, you're not required to keep an employee on during their resignation notice period or compensate them for the duration of that period.