What Texas law says about workers getting fired for being tardy
Whether you’re caught in traffic, the babysitter is running late or you even just lost track of time, we’ve all had a day where we run a little late to work.
Sometimes it’s out of your control and other times it can be a pattern, but no matter what, tardiness is typically a violation of company policy in any workplace.
But can an employer fire you for being tardy? Here we will explain what the Texas law says.
Can Texas employers fire you for being tardy?
In short: Yes, an employer can fire you for being late to work, according to the Texas Guidebook for Employers.
Texas is an at-will employment state. This means “an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences,” according to the National Conference for State Legislature.
Tardiness factors into this at-will employment because tardiness can be a legal reason for an employer to let an employee go.
“The Company expects all employees to conduct themselves in a professional manner during their employment,” the Texas Guidebook for Employers states. “This includes practicing good attendance habits. All employees should regard coming to work on time, working their shift as scheduled, and leaving at the scheduled time as essential functions of their jobs, i.e., good attendance habits form an integral part of every employee’s job description.”
Good attendance habits include:
Arriving to work no sooner than five minutes before the scheduled shift and no later than the scheduled start time.
Being at your proper work station at the start time of your scheduled shift.
Calling and letting your supervisor know if you are going to be tardy or absent (unless an emergency makes it impossible to do so).
What does Texas law say about tardiness and absence?
The Texas Guidebook for Employers says that policies for absenteeism apply to tardiness.
Some policies the guidebook outlines relating to tardiness include:
The guidebook suggests companies having a “point or no fault system.” Tardiness and absence are worth different points and failing to let your employer know when you will be late or missing strikes a point. After a certain amount of points, employers can give their employees warnings or violations. This varies between employers and individual company policies.
It is also up to employers to determine what is excused and unexcused when it comes to tardiness and absence.
An employer always has the right to ask their employee for a reason of tardiness or absence. If the employee refuses to explain, that can be considered an unexcused tardiness or absence.
If the reason for tardiness or absence is documentable (like jury duty), the employer has the right to ask for proof of documentation.
Some companies place a Neutral Absence Policy as an overarching guide that sets the same rules for all employees, regardless of the reason. It really just sets an explicit expectation for how much absence or tardiness can take place.
It is best to check your company’s policies to be clear on tardiness and absentee expectations.