FAQ Category
Discipline, Documentation & Termination FAQs
Write-ups, performance plans, termination decisions, and the documentation standards that decide whether a separation holds up under scrutiny.
Last updated: July 03, 2026 • 42 answers in this category
- Are employee discipline records public records for Texas local governments?
- Can a city council discuss employee discipline in executive session?
- Can a city employee be disciplined for political comments on social media?
- Can a mayor or councilmember order discipline of a city employee?
- Can a nonprofit board member discipline staff directly?
- Can a nonprofit discipline employees for conduct inconsistent with mission values?
- Can a Texas employer discipline an employee for a TikTok or video about work?
- Can a Texas employer discipline an employee for being impaired at work?
- Can a Texas employer discipline an employee for off-duty conduct?
- Can a Texas employer discipline an employee for off-duty social media conduct?
- Can a Texas employer discipline an employee for sharing customer information online?
- Can a Texas employer discipline or terminate a disgruntled employee?
- Can a Texas employer fire an employee for off-duty marijuana use?
- Can a Texas employer fire an employee for posting about pay online?
- Can a Texas employer fire an employee for posting negative comments about work online?
- Can a Texas employer fire an employee for threatening legal action?
- Can a Texas employer terminate an at-will employee without prior warnings?
- How can HR SOPs reduce inconsistent discipline and onboarding mistakes?
- How long can an employer wait to discipline an employee in Texas?
- How long should a PIP last for a Texas employee?
- How should a Texas employer discipline an employee fairly and consistently?
- How should a Texas employer terminate an employee for poor performance?
- How should a Texas manager talk to an employee about poor performance?
- How should Texas managers document repeated performance or behavior issues?
- How should Texas public employers manage discipline when records may be requested?
- Should a Texas employer continue discipline after an employee threatens to sue?
- Should a Texas employer offer severance, and what should be in the agreement?
- What documentation is needed before placing an employee on a performance improvement plan?
- What documentation should Texas employers keep when stress affects attendance or performance?
- What HR problems happen when workers compensation and discipline overlap?
- What HR risks arise when a nonprofit has never documented performance issues?
- What makes public-sector discipline different from private-sector discipline?
- What should a local government do when a councilmember wants an employee fired?
- What should a nonprofit executive director do when the board demands an employee be fired?
- What should a Texas employer do if prescription medication affects an employee's job performance?
- What should a Texas employer include in an employee write-up?
- What should HR do when a department head refuses to document discipline?
- What should Texas employers avoid saying in a performance review?
- When is termination for poor performance less risky for a Texas employer?
- When should a Texas employer coach, discipline, or remove a manager from supervision?
- When should discipline move to a final warning or termination review?
- When should HR review a Texas employee termination before the meeting?
What separates a defensible record from an indefensible one
Controlling authority: Texas at-will employment, limited by Sabine Pilot Service, Inc. v. Hauck (Tex. 1985), Tex. Labor Code ch. 21, and NLRA section 7 — which applies in workplaces with no union.
| Level | What the record contains | What it cannot survive |
|---|---|---|
| 0 — Absent | No contemporaneous record exists. | Any challenge at all. The employer argues from memory against a document. |
| 1 — Assertive | A conclusion, without the facts behind it. “Poor attitude.” | A single question: what did the person actually do? |
| 2 — Descriptive | The facts are recorded. The standard applied is not. | “Compared to what?” This is where most organisations actually write. |
| 3 — Referenced | Facts and the standard applied are both recorded. | Comparator evidence — how the same standard was applied to someone else. |
| 4 — Reasoned | Facts, standard, comparison to prior cases, and the decision path. | Very little. This is the level a reviewer cannot easily unpick. |
The four gates to clear before a termination meeting
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Scores a specific termination decision before the meeting, not after it.
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