Legal Question in Employment Law in Texas

Unemployment Pay Rights

It looks like I am going to be terminated from my job for reasons that are said to be job performance based. Although I never missed a day of work, saved the company a substantial amount of money over the five years of my employment, and never had a bad job performance review in the past, it looks like I will be fired for soley opinionated or unmeasurable reasons. Essentially, it's my opinion that I am not liked for being different than the team. The primary reason may be because of my love and zeal for Jesus. All I want is for my former employer, to say yes to unemployment compensation benefits. My employer claims that since my termination is job performace based, I am not eligible to recieve unemployment pay. Is this true? Under what circumstances can one get unemployment pay? What if I resign before I am terminated? Is there any advantage to resigning? Thank you very much for helping me.


Asked on 4/05/04, 1:57 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Unemployment Pay Rights

Unless, with a few exceptions which do not appear pertinent here, you are fired for misconduct, you ARE entitled to unemployment compensation, even if you are terminated "for performance reasons." If you resign, you will not get unemployment compensation. If you are in fact being fired because of your religious beliefs, you may have a basis to pursue damages against your employer.

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Answered on 4/05/04, 2:19 pm


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