Texas Supreme Court Gives Drafting Lesson on Employee Write-Ups

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A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice.

Legal Theory

An important concept in Texas employment law is causation in a retaliation claim. For example, an employee complains about an issue at work—such as unlawful discrimination—or blows the whistle on government misconduct. This is called “protected conduct.” There’s evidence the employee suffers an adverse employment action as a result.

But the employer says, “So what? We also

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