Legal Question in Employment Law in Texas
Hi my name is Sonnica and I was wrongful terminated from my job due to performance. I have been working for this company for at least year and 7 months. I have never had any complaints about my performance,behavior or etc. I have never had an performance review or verbal or written notice. A new supervisor came in on April of 2009, on May 2009 she came to my desk to asked me about a AP Procedure. I explain to her that we did not have a AP Procedure, she became very angry with me and started going off on me by saying negative things about me and my job duties. I reported her to the Manager that day and the Manager took her side. June 2009 she decided to write me up on a PIP Plan, saying that my performance was not up to par. Which was not true because she was not aware of my job duties at that time. I then contact HR to let them know what was going on . HR person said he would pass this on too Management, the supervisor found out the I had reported her to HR . So she became up set and started nick picking on me, trying to find anything she could to write me up. Gave me more work to do on my desk, was talking to me like I was stupid and dumb. So I went back to HR again to complain about what she was doing, they said they would look into it. Well that didnt stop her, she keep on harrassing me, insulting me. So this time I got fed up with it and went to the Director. The Director did not know that this was happening, so he called both the Manager and Supervisor into his office to get to the bottom of what was going on. After speaking with the supervisor and the manager, I notice that they where more angry at me. They was looking and talking to me in a mean way. They hated my guts for reporting on them, and not only that their was other employees who have been there longer than me started reporting to HR that they had the same situation I had experience . After I had reported to HR and to the Director, my job was terminated in July 2009. The reason was that I had performance problem.
1 Answer from Attorneys
Generally, Texas has the doctrine of "employment at will." You can be fired for any reason or for no reason at all. The exceptions are: If you are the only elderly person, or if you are the only Hispanic, or the only Jew (i.e., you are a member of a "suspect class" and believe that you were fired for that reason).
If you were employed with a written contract, you can protest (or sue) if they didn't follow the contract.
If there is some kind of written employee policy, you can take a close look at it, and see if your employer violated its own rules; I can almost guarantee you, however, that they wrote their rules in such a way that they are protected.
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