I was employed by a consulting firm and they recently terminated my employment. Firm paid monthly regardless if I was deployed or i was on the bench. They terminated my employment because they said my values were not aligned with the firm, even though my utilization was over 100% last year and I am competent in my field. Firm focus a lot on networking and as I was working on an out of town engagement, I was not able to attend a lot of events. I really feel though it is because of current economic hit as they have hired a lot of new people last year and they are all sitting on the bench. There was no warning and as soon as my last project ended, they terminated my employment. I also feel like it was personal decision of office manager who did not like me at all for some reason. It is difficult for m to digest that a person who made them a lot of money over the time of employment, is let go because I was not able to attend Christmas party etc. They are offering me severance but they want me to never apply for a job with one of their client (whom I can join anytime). Firm pay special incentives for specific projects which I earned but I had to be employed with them at payment.
Assuming you were working without a formal written contract, you don't have a claim. Texas is an employment at will state meaning employer or employee can end the work relationship at any time for any reason or no reason as long as there is no legally prohibited discrimination based on age, sex, race, et cetera.
This comment is given for educational purposes only. No attorney-client relationship exists between us. If this information was helpful to you please check the box.
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 for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination.
Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).
As for the severance agreement, it will probably contain waivers and (as you pointed out) a non-compete agreement. I strongly suggest you consult directly with an experienced labor and employment attorney. Show the attorney the severance agreement, and allow him/her to provide you with direct, specific advice. What you spend on an attorney now, could save you a great deal of trouble down the road.
Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline