Handling Employee Resignations in Texas: What’s the Proper Protocol?
March 13, 2024
When an employee hands in their resignation, it can be a challenging moment for any Texas employer. But knowing the proper protocol for handling resignations can make the transition smoother and help maintain a positive workplace environment.
Understand the Resignation
Firstly, it’s essential to understand the resignation terms. In Texas, employment is generally “at will,” meaning either the employer or the employee can end the employment relationship at any time and for any reason, with or without notice. However, a notice period, such as a two weeks’ notice, is often given as a professional courtesy, meaning, the employer reserves the right to accept an employee’s resignation immediately.
“You can’t quit! You’re FIRED!” – Do NOT Do This
Understandably, emotions may run high when an employee no longer wishes to work for their employer, but under no circumstances should you change the method of the separation when an employee has already resigned. Doing so may trigger different final paycheck requirements and inviting the employee to file an unemployment claim against the company.
The Exit Interview
Conducting an exit interview is a valuable step in the resignation process. It provides insights into workplace conditions and can help improve retention strategies.
Final Paycheck Requirements
Texas law requires that a final paycheck be provided to the resigning employee by the next regular payday. Texas law does not mandate that employers pay-out any accrued vacation or paid time off, however, if your handbook or employment agreement explicitly allows for such a pay out, you will need to comply with your handbook or employment agreement.
Citation: Texas Payday Law, Texas Workforce Commission: https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law
Protecting Business Interests
Consider non-disclosure and non-compete agreements, especially if the employee has had access to sensitive business information.
Knowledge Transfer
A best practice is to create a knowledge transfer plan to ensure that the resigning employee’s duties and responsibilities are covered until a replacement is found.
Stay Compliant
Ensure that your resignation process is compliant with all Texas labor laws to avoid any potential legal issues.
The Unit Consulting: Streamlining Your Resignation Protocols
At The Unit Consulting, we specialize in streamlining the employee resignation process for Texas businesses. From ensuring legal compliance to aiding in smooth transitions, our HR experts are here to guide you every step of the way. Partner with us, and let’s turn the challenge of employee resignations into an opportunity for positive change and growth within your company.
