Legal Question in Employment Law in Texas

I feel that I have been wrongfully terminated from my previous employer. I took a fmla/disability leave starting 1/5/2010 and my doctor extended the leave through the disability provider (unum) until I see a specialist on 3/30/2010. However, even though I called my supervisor last night (which are his normal hourse) and left a voicemail with a callback number to let him know that status...he called me today and advised that he had already terminated me. Isn't this illegal? My corporate HR seems to think so and have filed a case against my supervisor and the ER Manager, but I'd like to know if I can really do anything about it or if i'm just out of luck and out of a job which i've been employed at for 2 years.


Asked on 3/23/10, 2:56 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

"Wrongful termination" cases in Texas are very, very tough. The law (generally) is that the 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 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.

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

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Answered on 3/29/10, 9:02 am


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