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I HAD CALLED IN SICK TO MY JOB , SPOKE TO ASST. MANAGER. CAME TO WORK THE NEXT DAY VOMITED AND TOLD HER I WAS GOING HOME

San Antonio, TX |

I HAD ONLY BEEN WITH COMPANY 3 MONTHS .. DID NOT KNOW POLICY ABOUT HAVING TO SPEAK TO A MANAGER.. MY MANAGER WAS OFF ON MEDICAL LEAVE.. I CALLED THE THIRD DAY AND LEFT VMAILS ...WENT TO WORK AND WAS "LET GO"WAS TOLD IT WOULD BE AN INVOLUNTARY RESIGNATION.. NEVER HEARD OF IT BEFORE, NOW COMPANY IS SAYING IT WAS VOLUNTARY RESIGNATION,.... (I HAVE SINCE HAD TO HAVE GALLBLADDER SURGERY) THAT IS WHY I WAS SOO SICK. BUT I DID NOT "RESIGN" .. CAN THEY DO THIS????

Attorney Answers 3


  1. 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 (including a reduction in compensation which doesn’t violate the current minimum wage laws) 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 terminate an employee for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). What you describe does not sound like prohibited discrimination or retaliation.

    However, if the employer terminated you without cause, you will be eligible for unemployment benefits.

    Good luck.

    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. First, please do not type in all caps. It is considered yelling.

    Can they? It appears so. Are you hoping to get your job back? It does not sound like a great place to work.

    The main difference this really makes is for any unemployment claim you may need to bring. You will be able to present your side of the story to a hearings examiner.

    Good luck


  3. Did you no call no show for two days before you left a voicemail? Many employers would find that reason to discharge an employee, especially if you were not incapacitated during that time.

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