Wrongful Termination
Navasota, TX
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Posted about 1 year ago in Wrongful Termination
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I live in Texas, a right to work state, I was fired on the grounds of having a felony conviction, when in fact i do not. I am however under going defered adjudification for a felony charge. Is this a valid case of wrongful termination?
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Answers (1)William J. Dyer
This attorney is licensed in Texas.
Posted about 1 year ago.
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"Right to work" is a term that only has legal meaning in connection with certain issues involving labor unions and whether you can be compelled to join one.
You don't mention having had a written employment contract. In general, even most employment contracts in Texas (and most other states) are "at will" contracts, meaning either side can terminate them at any time, without any requirement of giving advance notice, and without anyone owing anyone else any money as a result. If you don't have a written employment contract, the chances of your being able to prove that you had a verbal contract which somehow prohibited you from being fired except for certain specified reasons are very, very slim. (Maybe if you brought six nuns who could swear that they heard your employer promise you he'd never fire you, no matter what kind of trouble you got into outside the job. Can you provide that kind of proof? Do you even claim that your employer ever promised that? Probably not.) There are a very few, very limited set of exceptions, but generally there's no cause of action in Texas just for "wrongful termination." Were you fired because your boss gave you an order to break the law? Were you fired in retaliation for making a worker's compensation claim? Probably not. It's unlikely that any of the limited exceptions apply to your situation. The odds are very, very high that your employer could fire you purely at his or her whim. Whether you had a felony conviction, or were merely on deferred adjudication for a felony charge, or whether you stepped on a crack on the sidewalk -- probably doesn't matter which of those were the reason you were fired. Sorry to be such a downer, but most people can't actually sue for being fired, and I wouldn't want to mislead you into thinking otherwise. Good luck in finding new work.
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