Legal Question in Employment Law in Texas
I was terminated from my employer in the state of Texas without any proper warning, reason, or any violation of company policy. I was never written up, warned about anything unsatisfactory with job performance, and I also spoke directly with the owner the day prior and he did not give any indication of anything unsatisfactory. I also found out that had been looking to replace me weeks prior because they wanted to use a qualified salesperson to do my job as a delivery driver.
Do I perhaps have any grounds for a wrongful termination suit?
1 Answer from Attorneys
If the employer's reason for letting you go is for the reason you stated (to fill the position with a salesperson) then that would not be grounds for a wrongful termination suit in Texas. We have very limited grounds for wrongful termination in this state. Wanting to replace one employee with another employee with superior qualifications would be a legitimate exercise of the employer's discretion in employment. That answer may change if the employer had another more nefarious reason for the employment decision or if you worked under a union collective bargaining agreement or an employment contract.
At a minimum you can and should file for unemployment benefits while you are out of work.
Related Questions & Answers
-
I was fired for dumpster diving at my job off the clock. Is that legal Asked 1/23/14, 3:14 pm in United States Texas Labor and Employment Law