My husband worked as an authorized comcast installer and was recently terminated. Long story, he worked for this position before about 3 years ago and was terminated in 2011 due to a class a misdemeanor background that he recieved while he was employed but had nothing to do with work. He was granted non disclosure and was approved. He recently went back to work on september 2014 for same position and had proof of clear background. Recently his comcast badge was taken away due to a recent audit in california and Stated that he is not eligible to work on any comcast property. No other explanation. The big boss in Houston that approved him to work will investigate on Monday why it was taken away. If he was terminated even with a clear background, is that considered wrongful termination?
An employer has the right to establish standards and criteria for employment. 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).
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.
Based on the facts you presented, it does not appear that your husband's termination was unlawful. Texas is an "employment at will" state. Unless there is a contract or an otherwise enforceable agreement, an employer may terminate an employee for any reason that is not an unlawful reason, and an employee is free to quit. An unlawful reason may exist where the employer treated an employee different from other employees under the same or similar circumstances and the reason was based on "race, color, sex, religion, or national origin." I hope this information is helpful.
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