I was just fired from my job after being assaulted by another employee. I was fired for cussing at the man whom assaulted me.

Asked 9 months ago - Odessa, TX

I was fired after being assaulted at work by another employee. There were several witness's. Their reason for firing me was because after the man assaulted me I cussed at him.

Attorney answers (4)

  1. Adam Kielich

    Contributor Level 18

    3

    Lawyers agree

    Answered . You might qualify for unemployment benefits but your employer was free to discharge you for this reason.

  2. Margaret Mitchell

    Contributor Level 9

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    Lawyers agree

    Answered . This gets filed in "the life isn't fair" folder. Texas is an employment at will state; the employer may fire you for any reason except those protected by law, e.g., sex, race, age discrimination, etc.
    However, you may have a cause of action against the person who assaulted you and the employer may be liable for their actions. Talk to a trial lawyer about your damages stemming from the assault, including lost wages.

  3. Natalie Rebecca Lynch

    Contributor Level 11

    1

    Lawyer agrees

    1

    Answered . I think a civil suit against the aggressor is your best bet. Sorry.

  4. William Fulton Broemer

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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 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.

    Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is... more

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