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?


Asked on 3/28/14, 6:33 am

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.

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Answered on 3/28/14, 7:23 am


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