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Progressive Dismissal in Texas: What It Means and How It Affects You

If you’ve been getting written warnings, performance reviews, or notices from your employer that hint at termination, you may be in the middle of a progressive dismissal process. But what exactly does that mean—and is it legal in Texas?

At The Lange Firm, we regularly help Texas employees understand their rights when facing disciplinary action or termination. In this blog, we’ll explain what progressive dismissal is, how it works, and what you should do if you believe you’re being treated unfairly or set up for wrongful termination.

What Is Progressive Dismissal?

Progressive dismissal—also called progressive discipline leading to dismissal—is a workplace process in which an employer uses a series of escalating steps to discipline an employee before ultimately firing them.

The idea is to give the employee multiple opportunities to correct behavior or performance issues before termination. It’s common in larger companies and public-sector jobs, and it helps reduce legal risk for employers.

Common Steps in Progressive Dismissal

While procedures vary by employer, a typical progressive dismissal process includes:

1. Verbal Warning
   
   
   • Informal discussion of performance or behavior issues
     
     
   • May or may not be documented
     
     
2. Written Warning
   
   
   • Formal documentation of the issue
     
     
   • Placed in the employee’s personnel file
     
     
3. Final Warning or Performance Improvement Plan (PIP)
   
   
   • Outlines specific expectations and deadlines
     
     
   • May include follow-up meetings
     
     
4. Suspension or Demotion
   
   
   • Optional step depending on severity
     
     
5. Termination
   
   
   • Final step if improvement goals aren’t met
     
     

📌 Each step typically includes clear documentation and communication. But not all employers follow this process consistently or fairly.

Is Progressive Dismissal Required in Texas?

No. Texas is an at-will employment state. This means employers can generally terminate employees at any time, for any reason, or no reason at all—as long as it’s not illegal (e.g., based on discrimination or retaliation).

That said, progressive dismissal is often:

• Outlined in employee handbooks or contracts
  
  
• Required in union agreements
  
  
• Used to defend against wrongful termination claims
  
  

Employers are not legally required to follow a progressive discipline system unless they’ve promised to do so.

Pros and Cons of Progressive Dismissal

✅ For Employers:

• Protects against wrongful termination lawsuits
  
  
• Provides clear documentation of issues
  
  
• Encourages improvement before firing
  
  

✅ For Employees:

• Provides warning and opportunity to improve
  
  
• Offers transparency in performance expectations
  
  
• Creates a paper trail if you’re being unfairly treated
  
  

❌ Potential Issues:

• Process can be misused to push out certain employees
  
  
• Employees may be treated differently from peers
  
  
• Vague or subjective criteria can lead to unfair outcomes
  
  

How to Protect Yourself During Progressive Dismissal

If you’re in the middle of a progressive discipline process:

✅ Document Everything

Keep a personal record of all meetings, emails, and feedback. Save copies of:

• Warning letters
  
  
• Performance reviews
  
  
• Improvement plans
  
  
• Notes from disciplinary meetings
  
  

✅ Review the Employee Handbook

Check your company’s policies. Are they following their own procedures? Inconsistent discipline could support a legal claim.

✅ Request Specific Feedback

Vague criticisms like “attitude issues” or “not a team player” are hard to respond to. Ask for specific examples and measurable goals.

✅ Stay Professional

Avoid emotional reactions, even if you feel targeted. Continue doing your job, show improvement, and follow the company’s processes.

✅ Contact The Lange Firm

If you suspect discrimination, retaliation, or wrongful targeting, legal help may be essential—especially before termination occurs.

What If Progressive Dismissal Is Being Used to Mask Illegal Firing?

Sometimes, employers use progressive dismissal as a cover for firing someone for unlawful reasons, such as:

• Reporting harassment or discrimination
  
  
• Filing a workers’ comp claim
  
  
• Requesting medical leave (FMLA)
  
  
• Blowing the whistle on illegal activity
  
  
• Being part of a protected class (race, gender, age, disability, etc.)
  
  

📞 The Lange Firm can help determine if your progressive dismissal process is a pretext for illegal retaliation or discrimination.

What Happens If You’re Terminated After Progressive Dismissal?

If your employer followed their procedures fairly and legally, termination might be lawful. But you may have legal grounds for a wrongful termination claim if:

• You were treated differently than others in similar roles
  
  
• The stated reasons for firing were false or exaggerated
  
  
• You were targeted after engaging in a protected activity
  
  

An experienced employment lawyer can help you review your case, request your personnel records, and file a complaint with the EEOC or Texas Workforce Commission if appropriate.

How The Lange Firm Helps Employees Facing Dismissal

At The Lange Firm, we help Texas workers:

• Navigate progressive discipline and understand their rights
  
  
• Respond to PIPs, write rebuttals, and preserve key documentation
  
  
• Identify unlawful discrimination or retaliation
  
  
• Challenge wrongful termination in court or through settlement
  
  
• Negotiate severance agreements and exit packages
  
  

We provide confidential consultations and give honest, actionable advice—before and after termination.

Final Thoughts

So, what is progressive dismissal? It’s a step-by-step process employers use to document problems before firing someone. When done fairly, it helps protect both sides. When abused, it can be a tool for unlawful termination.

✅ If you’re facing discipline or think you’re being pushed out, don’t wait. Contact The Lange Firm to protect your rights and plan your next move with confidence.