I’ve heard people say it. I’ve heard lawyers say it. You’ve heard it too. It goes like this: “An at-will employee can be terminated for good reasons, bad reasons or no reason at all.”
Don’t believe it.
The statement does have a good pedigree. The Texas Supreme Court discussed at-will employment in the case of Matagorda County Hospital District v. Burwell, 189 S.W.3d 738 (Tex. 2006). The court actually said that the at-will employee could be let go for “good cause, bad cause or no cause at all.”
But I still say don’t believe it.
First of all, no one is ever let go for no reason. Just imagine calling in to your office the custodian who has worked for your district for 17 years and telling her, “we are letting you go. No reason for it—I just decided to fire you.” I don’t think you are going to do that.
People are terminated from employment for a reason. There is always a reason. And even though the Texas Supreme Court says that at-will folks can be terminated for “bad reasons” you have to keep in mind that some reasons are so bad that they are illegal. If an employee is terminated because of his or her race, or gender, or disability or age, or for some other reason that violates federal law or state law, the employee has avenues of legal recourse.
The more accurate thing to say is this: at-will employees can be terminated without “good cause.” They can be terminated for any job-related reason that is non-discriminatory, non-retaliatory and does not violate state or federal law.
DAWG BONE: YOU CAN’T REALLY FIRE SOMEONE FOR “NO REASON AT ALL.”