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I am or may have already been terminated based on something that is not a terminable offense. Do I have any legal recourse?

Arlington, TX |

My boss and another employee wanted to talk to me about some errors found on paperwork I had turned in to him for review that morning. When I arrived in the room for the meeting he spoke loud enough to be considered yelling and threatened my employment. He said the paperwork I turned in to him he considered a slap in the face because I didn't verbally double check them as he previously asked me to and that this was exactly what happened on another shipment in which he gave me a written warning on a few days prior. I tried to explain that this shipment had not left and the purpose of a double check is to ensure there are no errors but it was pointless. He was furious and later that afternoon he put me on suspension pending review by HR.

Attorney Answers 2

  1. In Texas, there is no such thing as "not a terminable offense." Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause. If an employer, at any time, decides they no longer want to employ someone, for any non-discriminatory reason, that employee can legally be terminated. However, an employer generally cannot modify or terminate the employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The situation you describe does not appear to constitute prohibited discrimination or retaliation.

    Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.

  2. Based on the facts you have provided it does not sound like you have any legal protections for your employment. However, other facts left out of your description may change the analysis.

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