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Should I seek legal counsel for being laid off.
Houston, TX
Viewed 87 times.
Posted 7 months ago in Employment / Labor
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Was laid off from a major oil company. Was not given criteria for selection process of being laid off. In a sales training academy with seven other trainees. The three employees selected were the oldest of the group and most experienced. Only given two weeks severance. Emplyed for three months, very unprofessional work enviroment. They stated seperation selection was based on performance and grades. One of the other canidates who was retained actually failed one of the training classes. Should I seek legal counsel, see if I could get a better severance package. I live in Texas.
Answers (1)William J. Dyer
This attorney is licensed in Texas.
Posted 7 months ago.
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In general, "wrongful termination" is not a valid basis for bringing a lawsuit in Texas.
Almost all employer/employee relationships in Texas are "at will," meaning that either party can terminate such a relationship at any time, either with or without a good reason. Unless you had a contract guaranteeing your continuing employment for a specific time period under specific terms -- and as a practical matter, it's difficult to prove or enforce such contracts unless they're written rather than oral -- then you were almost certainly an "at will" employee. There are limited exceptions to the "at will" employment doctrine -- e.g., if you've been fired as retaliation for bringing a worker's compensation claim, or for refusing to perform a criminal act as instructed by your employer, or on account of intentional and illegal discrimination based on your race, religion, sex, age, or disabled status. But such cases are very hard to prove in the best of circumstances. The facts you recite in your question don't suggest that your situation falls within any of these exceptions except, possibly, age discrimination. But in my experience, that's in fact the most difficult kind of discrimination to prove, and as a practical matter, you need a whole lot more than the simple fact that someone younger was hired or kept his job. Employers who engage in hypocrisy and violate their own policies may be guilty of moral and ethical failures, but that, without more, doesn't make them liable to pay money damages in lawsuits. I don't mean to be unsympathetic, and I know this answer will seem harsh to you. It's possible that if you consult in person with a qualified attorney, the interview process may reveal additional facts besides those you've suggested in your question here, from which that attorney might develop a more optimistic view than I have. You may have rights to unemployment compensation (although that too is likely to be disputed by your employer). By all means, you should feel free to seek other opinions, and they may be better informed ones if you've provided a more thorough factual briefing in a confidential setting. But based just on what you've written here, I'm very skeptical as to whether you have a viable potential lawsuit against your ex-employer. |