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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Is it legal to fire an employee over the phone will the employee

This answer was rated:

Is it legal to fire an employee over the phone will the employee is out sick

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

This is a common situation,

wallstreetfighter :

under the law in TX, an employer can terminate any employee at anytime, and for any reason, except if the reason violates an employees protected civil rights,

wallstreetfighter :

if the termination was due to a disability, the termination would not be allowed,

wallstreetfighter :

or if the employee was on FMLA, he could not be terminated,

wallstreetfighter :

FMLA is the only medical leave that is protected from job termination,

wallstreetfighter :

in order to qualify for FMLA, an employer has to have over 50 or more employees,

Customer:

I was fired while out sick due to hurting my back at home. I have worked for the man since 1999 and he is changing his business to menu pricing.so my position as an estimator is no longer needed. Just curious as I am about to turn 62 in ecember. I may have to retire the printing industry has declined due to the digital revolution.

wallstreetfighter :

If the termination may be due to your age,

wallstreetfighter :

you could claim age discrimination,

wallstreetfighter :

however terminating you while out sick, is not against the law in TX, unless the real reason was due to your age, race, gender, or disability

Customer:

He has been looking for something to release me (citing i am too slow) for a while now. He told me he wants the extra money for himself

wallstreetfighter :

Your best option is to file a discrimination complaint against the employer,

wallstreetfighter :

claiming the real reason was due to your age,

wallstreetfighter :

it may be possible he may try to offer you a good severance, or retain you,

wallstreetfighter :

Texas Workforce Commission Civil Rights Division
1117 Trinity St, Room 144T
Austin, TX 78778
Phone:(NNN) NNN-NNNNbr/>Toll-free within Texas:(NNN) NNN-NNNNbr/>Texas Relay:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Web Address: http://www.twc.state.tx.us/customers/rpm/rpmsubcrd.html


Agency Description/Mission: The Civil Rights Division's primary goal is to make Texas an even greater place to live, work, play and raise our families by reducing discrimination in employment and housing through education and outreach programs and the enforcement of the Texas Commission on Human Rights Act and Texas Fair Housing Act.


Discrimination/Harassment � Local Offices of Federal Agency (EEOC)


Equal Employment Opportunity Commission (EEOC)











Dallas District Office
207 S. Houston Street
3rd Floor
Dallas, TXNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/td>
El Paso Area Office
300 East Main Street
El Paso, TX 79901
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/td>
Houston District Office
1919 Smith Street, 7th Floor
Houston, TX 77002
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/td>
San Antonio District Office
5410 Fredericksburg Road
Suite 200
San Antonio, TXNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNNbr/>
wallstreetfighter :

You would file the complaint at the local agency above,

wallstreetfighter :

or you can send a letter to the employer now threatening him with a discrimination complaint,

wallstreetfighter :

and that may force him to reconsider,

Customer:

He has paid me 4 weeks since the release.

wallstreetfighter :

that is good,

wallstreetfighter :

if you did not sign any release or waiver, you can file for unemployment and still file a discrimination complaint

wallstreetfighter :

If you do file a discrimination complaint the employer may offer you more salary,

wallstreetfighter :

at this point in TX there is no other protection employees have when terminated,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

Thanks,

wallstreetfighter :

good lluck

wallstreetfighter :

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