Legal Question in Personal Injury in Texas

My employer fired me Oct. 21, 2014. I filed for Unemployment benefits here in Texas the day she fired me. My employer said I quit which was not true and TWC ruled in my favor. My evidence against her was overwhelming. She was pissed off so she appealed their ruling. They scheduled the telephone hearing, we were sworn in again. Just like before the TWC ruled in my favor. I have ALWAYS been a great employee and have never been fired or collected Unemployment Benefits in my life. In the TWC packets there are sworn statements from each of us. Here is a quote from her statement: "SHE WAS A GREAT EMPLOYEE AND I WOULD NOT HAVE FIRED HER I NEEDED HER, AND I RELIED ON HER.". I have been applying for jobs for MONTHS, yet I have not been getting offers. Im a fantastic interview and before this I ALWAYS got the job. I applied at a place recently and the owner called her to ask about me. She was VERY negative and said I was a "fair" employee. He questioned her about me improving her sales by 13.58% in under 6 months. She said "I had 8 employees and they did it". Then he asked if I was eligible for rehire and she said "absolutely not". I cannot lie on my resume, I HAVE to provide my work history. She has not only ruined my reputation but she's malicously sabotaging any potential employers!!! I am broke and her lies are preventing me from earning a living. Your thoughts please?


Asked on 5/13/15, 7:22 am

2 Answers from Attorneys
Roger Merrill Merrill & Associates

What I have done for clients in the past is to write a letter threatening to take legal action if the employer makes negative comments. Please contact me if you would like to have this done. My number is (877) 914-0888.

Thanks,

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Answered on 5/13/15, 7:34 am
Robert Stephens Stephens & Stephens

Job recommendations enjoy a qualified privilege so that you have to show malicious intent In a libel action. Truth is a defense, though.

Your other cause of action is for discrimination in which you must show you were a member of a protected class, either a minority, or sexual discrimination. However if they replaced you with someone close to your age who was the same sex. Could be difficult.

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Answered on 5/13/15, 11:10 pm


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