Legal Question in Employment Law in Florida

My husband was fired from Transocean Drilling because one of his assistant crane operators did not heed the halt signal and caused an accident that resulting in an injury. Transocean stated that it was my husbands fault because they felt he did not use the universal hand signal to stop the job, but he did. After he was fired we applied for unemployment insurance through Texas, and was approved initially. During the course of his unemployment he was requested to attend a telephone conference because Transocean was desputing his claim, saying the accident was his fault and he was not entitle to unemployment. After many rounds with Texas Workforce the final decision was that we had to pay back the unemployment funds. When we recieved the decision we appealed to the Texas Commission who came back with a reversal, stating the my husband did not commit misconduct and did in fact follow protocal and did not mismanage his position of employment. Can we sue Transocean for firing my husband on false grounds and defamation of character.


Asked on 8/27/10, 1:46 pm

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

Probably not! Texas, like Florida is a right-to-work state and anyone can be fired for any reason that is legal (meaning not for racial discrimination, whistle-blowing, etc.) If Transocean said he did not follow procedure, that was their "opinion." In Florida I don't think you could get very far with a suit for defamation.

I think the best thing to do is get a Texas attorney to write Transocean asking them to correct the reason for firing, to a resignation and ability to be rehired. You would give Transocean a hold harmless agreement that you will not sue.

Also, you probably aren't going to find a lawyer who will take the case on contingency (where you only pay if you win). An attorney will want a stiff retainer and an hourly rate. Now, if the case were for millions of dollars then a contingency might be in the cards. But, I think a few hundred dollars paid to a good lawyer in Beaumont or Houston to send a letter to the attorney for Transocean could clear your name and not get him black-balled from work in the future.

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Answered on 9/03/10, 11:18 am


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