Legal Question in Employment Law in Texas


My company sold to another major corporation. Can they carry over discipline from one company to another? The company that sold us said no but the company that bought us said yes. Well they did. Now our old company sold again and they are saying it's agaist the law to carry over discipline. What do you think?

Asked on 9/20/06, 7:07 pm

1 Answer from Attorneys

Blair Brininger Blair Brininger

Re: discipline

In Texas there is no requirment to have a progressive discipline policy. Thus the new employer can fire you for any legitimate non-discriminatory reason-first offense or fifth offense as long as it treats everyone the same. Whether discipline carries over is irrelevant.

In addition, if the middle employer was wrong, what difference does it make-the middle employer did not fire you nor does it appear the middle employer considered the disclipline (unless you lost a raise because of it) in its treatment of you. The only probelm for the middle employer may be if the middle employer considered the first employer's discipline for you (mistakenly or not) but it did not consider the discipline the first employer gave to your similarly situated co-workers, then there may be discrimination. You need to decide if you were harmed.

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Answered on 9/22/06, 10:03 am

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