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Is it legal to be fired for an unsubstantiated accusation? Who should I contact if my employer provides services illegally?

Austin, TX |

I was terminated via phone call from an upscale spa. They said I had customer complaints against me, but there is no proof what-so-ever of this. I also happen to know that dangerous procedures such as lasering are performed daily at this spa by unqualified and unlicensed personnel. Also, the "education" this spa provides is fraudulent. Students pay good money for classes that are taught by unlicensed fellow students, not a licensed instructor, unbeknownst to them. What can I do?

Attorney Answers 3

Posted

I answered this question here:

http://www.avvo.com/legal-answers/is-it-legal-to-be-fired-for-an-unsubstantiated-acc-1241316.html

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Posted

Since Texas is an "at will" employment state, an employer can fire an employee without any reason. You can file for unemployment benefits, but if you win, you only get government assistance (money) for a period of time (about 6 months). The other issues are more complicated and you need to talk in detail with an attorney who handles "whistleblower" suits.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com

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Posted

If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

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