I hope this message finds you well, present circumstances excluded. I come to you with bad news, unfortunately. Unless you had an employment contract with your employer that stated otherwise, you were considered to be employed at will.
As you probably know already, a person employed at will has very little in the way of rights of retribution against employment actions. In the situation, the employer can terminate an employee for cause, or for no reason at all. If it is technically for cause, the employer doesn't even have to have their facts straight (although failure to have a properly documented may help you if/when you apply for unemployment benefits).
Texas is a state that heavily favors the rights of employers over employees. They recognize an exception to at will employment for Public Policy concerns only. An example of this would be terminating an employee because they filed a worker's compensation claim.
Your facts, in all honesty, probably do not fit within the traditionally accepted public policy exceptions to employment at will in Texas. However, it may be worth meeting with an employment lawyer in person to discuss these facts with an eye towards filing suit. I am afraid that any suit would be an uphill battle and you may have trouble finding an attorney to take the case, however.
You should file for unemployment and in the mean time see if you can get some former co-workers to sign statements supporting you and your side of the story that are notarized. This can be used as evidence on your behalf if your employer tries to deny the unemployment benefits.
I wish I had better news for you relative to the issue, but I am obligated to tell you the legal reality of the situation. I certainly understand your frustration. You have been wronged, no doubt, but the law in set up against you in this case.
I wish you the best going forward and I appreciate the opportunity to assist you.
Thanks. One more questions, I knew that texas is basically considered "at will'. But does it matter that I was considered an exempt employee and was salaried and when I worked overtime was not paid; wherein all my employes were non exempt?
Didn't know if being exempt made a difference? Please advise.
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