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by jimlongley
Tue May 05, 2009 10:49 pm
Forum: General Texas CHL Discussion
Topic: Rights of Employers OUTSIDE of company 'premises'
Replies: 49
Views: 7256

Re: Rights of Employers OUTSIDE of company 'premises'

srothstein wrote:I am not a lawyer, so take this for worth what you paid, but I don't think you would have a case against the employer. Texas has very strong laws on at-will employment. This means that any employer can fire any employee for almost any reason. Likewise, you can also quit for the same reasons. There are exceptions, such as private employment contracts, negotiated collective bargaining contracts, and civil service (where it applies).

The only reasons I know of where an employer can be successfully sued for wrongful termination are where the listed cause (or the actual cause if it is not what was listed) is a violation of public policy. Public policy can be defined as laws that specify reasons a person cannot be fired. Basically, as I understand it, there are about 7 protected classes that it is illegal to fire a person for being a member of. These are race, gender, national origin, ethnicity, age (if over 40), religion, or physical disability. Another class would be retaliation for reporting violations of the law (whistle-blowing).

So, we are down to the point of you can be fired but not prosecuted. I think the question asked in another thread was "fired or dead?" That is the choice you need to make. Along with concealed means concealed and keeping it off the actual business premises, and you have all of the points you need to consider, in my opinion.
And of course there was my ex-employer who fired me for having an on the job accident, but of course that would be illegal, so first they moved me out of the job where I was doing quite well, into which I had been promoted from technical trainer, and into a couple of other jobs, and then dumped me with a letter stating that we had explored my (skills and jobs available, etc.) but there was no room in the company for me anymore, etc.

Of course I was fired the day after workman's comp released me for full duty, but try proving it.

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