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In the state of Texas what is the difference if any for

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In the state of...

In the state of Texas what is the difference if any for termination without cause and termination for gross negligence?

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Employee agreement was first signed with the severance package being paid for termination for other than gross negligence and then changed to being paid for termination without cause.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and the employee is salaried.

Submitted: 3 months ago.Category: Employment Law
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Answered in 8 minutes by:
3/27/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified

"Without cause" basically is less dramatic than "gross negligence."

Termination based on cause can concern even small issues at work, related to job performance or insubordination. Termination for gross negligence requires intentional acts of misconduct or refusal to do work.

Basically, it is a lowering of the standard for the employer. Before, if they terminated for anything other than gross negligence, severance was paid. Here, the employer just needs "cause" which can be manufactured through write ups, counseling or performance improvement plans set by the employer.

It is a contract though, so the employee can sue for the given cause, claiming that is not good cause.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

"Without cause" basically is less dramatic than "gross negligence."

Termination based on cause can concern even small issues at work, related to job performance or insubordination. Termination for gross negligence requires intentional acts of misconduct or refusal to do work.

Basically, it is a lowering of the standard for the employer. Before, if they terminated for anything other than gross negligence, severance was paid. Here, the employer just needs "cause" which can be manufactured through write ups, counseling or performance improvement plans set by the employer.

It is a contract though, so the employee can sue for the given cause, claiming that is not good cause.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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