Legal Question in Employment Law in Texas

Wrongfully Terminated

I was wrongfully terminated by my employer and am looking for help. My boss physically threatened me in his office while cursing me out...this, after doing the same thing in front of my co-workers. He told me to get out of his sight and leave, so I clocked out, went home and called my HR department. The next day they called me back stating that we were parting ways because I abandoned my job. I understand that there is nothing I can do about a hostile manager, but what about one that makes a threat tells you to leave, and then you are terminated because you left?? HR did nothing to address the issue of the threats or the inappropriate behavior, they still have not looked into a sexual harassment issue that I reported on the same manager months ago. I do feel that age has been a factor since I was one of the youngest people on our floor. He would always make comments about how my age that were derogatory. I had gone to HR on 2 occasions prior about his behavior and nothing was done. Now, I'm out my job and benefits. Is there anything that I can do? Thanks!


Asked on 4/16/04, 3:35 pm

1 Answer from Attorneys
Larry Demmons The Demmons Law Firm

Re: Wrongfully Terminated

From what you say, you might very well have a cause of action against your employer. While you are probably an at-will employee and thus your employer could fire you for a good, bad or no reason, your employer can't fire you for a discriminatory reason (like your age or sex)or because you made a report of illegal conduct (like your sexual harassment complaint). If you can show that your supervisor's conduct was more than likely motivated by the charge of sexual harassment you made against him earlier and/or that you were fired because of making the complaint, you probably have a good case. Of course, these types of cases depend heavily on the facts and this type of forum is difficult to make a completely accurate determination of whether you do or do not have a claim as many other questions need to be asked. I recommend contacting an attorney and explaining in detail what happened to you. Good luck.

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Answered on 4/16/04, 3:40 pm


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