Legal Question in Employment Law in Texas

Does an employer have the right to force you to work, in the rain in 35 degree weather, if you call in sick?


Asked on 2/03/11, 8:52 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

An employer cannot "force" you to do anything. Involuntary servitude has been abolished by the 13th Amendment.

If your employer asks you to do something that you don't want to do, don't do it. He then has the option of firing you.

"Wrongful termination" cases in Texas are very, very tough. The law in Texas (generally) is that your employer can fire you for any reason or for no reason.

Exceptions are: where you are fired for racial or religious reasons ("Jeff, I just don't like working with Catholics"), or if you are fired because you are a woman. Or if you�re fired because of your national origin.

By the same token, if you QUIT your job and cause loss to the company (a lost sale, for instance), THEY can't sue YOU for damages. The �freedom to fire an employee� and the �freedom of the employee to quit� benefit both parties.

Think of a contract of employment as one that renews every day: I came to work today, so you have to pay me; if I don�t come to work tomorrow, you can�t sue me for breach of contract; and if I come to work tomorrow and you fire me on the spot, I can�t file a lawsuit for breach of contract.

And a lawsuit for wrongful termination will NEVER settle. You'll be in court for years (if you can even find a lawyer to take your case).

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Answered on 2/04/11, 11:54 am


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