Legal Question in Employment Law in Texas

termination/discrimination

I was terminated from my job of three and a half years.In November of last year I was made to sign a last chance agreement. On the bottom of the form it said if I did not sign it I would be immediately terminated. So I signed it in order to keep my job. I was given one written warning for tardiness prior to this. I have in my possession copies of time slips of other employees who have been tardy on numerous ocassions who have not been discharged or made to sign a last chance agreement as I have been. I also had accumulated 125 hours of vacation and was preparing to use some of it starting Sunday March 12th. I was terminated on March the 7th. I was told by the lady in the personnel dept. that my vacation pay would be lost because I was terminated. She also told me that in order to get it an employee had to give a two week notice in order to get it.There is nothing in the employee handbook that states this. I personally know of a nurse who gave less than a week notice and she received all of her vacation pay she had accumulated. I had more seniority than she did.I only have 24 hours to appeal their decision . Is there anything I can do? How can I get my vacation pay ? Do I have any legal rights?


Asked on 3/08/00, 11:38 am

1 Answer from Attorneys

Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: termination/discrimination

First, you need to completely exhaust all administrative appeal remedies. If nothing positive comes from that, you need to contact an attorney to discuss your issues. You may have a case for your vacation pay. Your termination, however, is another matter because of Texas' "right-to-work" or "employment-at-will" laws.

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Answered on 3/22/00, 8:57 am


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