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As a at-will employee, I was terminated for "theft" for not stopping a customer from stealing, I wasnt clocked in what can i do?

North Richland Hills, TX |

I was at work after clocking out for my shift, having a drink at the bar next to a customer that I had never met. When I was leaving, he left also, and took the margarita shaker. Unless I attempted to physically stop him from taking the item, im not sure what else could have been done. The manager witnessed him taking it, and didnt stop him, not sure why she expected me to.

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Attorney answers 1


If you have a discrimination theory about 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, retaliatory discharge, race, religious beliefs etc.... may give rise to a different answer.

You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.