Legal Question in Business Law in Texas
Is this an illegal reason for being fired?
My sister and I work for a company called Interfaith Caring Ministries (ICM). ICM has many departments and we work at the After-School Computer Lab. I am the Program Supervisor and my sister works underneath me. My sister was hired on in August of 2004. At that time ICM had a policy that states that an employee can not be hired on if they will have to report to a Supervisor who is also a family member. That policy also states that ICM has the right to hire family members on a case by case basis. That policy is dated 1999. Last year the Executive Director hired my sister to work under me knowing this policy was set. Last month ICM changed the Executive Director. The new Executive Director is now firing my sister because of this same policy. Is this illegal? We don't think that my sister should be penalized because the former Executive Director hired in my sister as a mistake on the former Executive Director's part. What do you suggest?
2 Answers from Attorneys
Re: Is this an illegal reason for being fired?
Her firing is not illegal.
Try suggesting she be transferred to some other area where she does not report directly to you.
Re: Is this an illegal reason for being fired?
As a follow-on to Peter's reply, Texas is an at-will state and the move is perfectly legal. The best course is to either try to negotiate her way to another post out of your food-chain or (not as good, but still better than nothing) have her negotiate an exit paper that says she was let go only because the Executive Director wanted to remove the direct link problem, that she is a "great" employee and worthy of a good recommedation. Also see if you can get a commitment for a hire back in another opening occurs. Good luck.
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