Legal Question in Employment Law in Texas

I believe I was wrongfully terminated from my job. To further my belief I was offered a severance package once the head hr rep had returned to work and was informed of my issue. I was terminated for poor work performance during a week that I was not even suppose to be working per doctors orders due some back issues I had been having(back issues are not work related). I informed my boss that I was not suppose to be working but that I was going to go in and do what ever I could because we had a very important invetory that week. He came to my store the day of the inventory and preformed a audit witch I subsequently failed because I had not been able to perform my duties at 100%. The month had already started out wrong because I had to leave work to attend my grandmothers funeral. There are many things that make me feel like this was a very wrong situation but what does the most is the fact that they are tring to offer me a severance. Just would like to know if I should take the severance or is it in my best interst to get an attorney and take legal action?


Asked on 7/12/10, 6:25 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Take the severance.

The most difficult type of lawsuit is a former employee suing a former employer. They're worse than custody fights. The NEVER settle, and they go on for years. I've been involved in exactly two of them, and I'll never do one again.

In Texas, the law is (basically) that you can be fired for any reason or for no reason at all.

Exceptions are: where you are fired for racial or religious reasons ("Jeff, I just don't like working with Catholics"), or if you are fired because you are a woman. Or if you�re fired because of your national origin.

By the same token, if you QUIT your job and cause loss to the company (a lost sale, for instance), THEY can't sue YOU for damages. The �freedom to fire an employee� and the �freedom of the employee to quit� benefit both parties.

Think of a contract of employment as one that renews every day: I came to work today, so you have to pay me; if I don�t come to work tomorrow, you can�t sue me for breach of contract; and if I come to work tomorrow and you fire me on the spot, I can�t file a lawsuit for breach of contract.

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Answered on 7/13/10, 9:57 am


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