No paperwork signed. They gave the other guy a Final warning and fired me. They fired me over the phone. Also I think that would possibly keep other/future employers away. I am just needing some legal advice, as my direct manager himself said the way I was terminated was wrong and not right.
Ok thank you. And yes I know its a tough matter to deal with but I was with the company 7 years. I just don't feel it was right.
I can understand your feelings and your belief that this may have been a violation. Please allow me to go through your questions and point out what I see as actionable.
First of all I have to explain what 'wrongful termination' is. It is not someone who was wrongly terminated, it is someone who is terminated on factors or for reasons that violate state or federal law. Some examples of 'wrongful termination' may be a termination based on age, gender, race, religion, national origin, creed, or disability if any. Similarly termination over whistleblowing, and in some instances based on a criminal record may be deemed 'wrongful' as well. Terminating someone by not following company policy is not 'wrongful' under the law--it can be considered as a breach of the employment contract and may give you the right to sue for damages, but it would not be 'wrongful' under the law.
Texas is indeed an 'at-will' state. Suing the employer over not treating you similarly to the other employee is only possible based on the factors I listed above. Otherwise it is their choice to terminate you and to keep the other employee. Furthermore the employer has no duty to treat you exactly the same and has the right to not utilize their own procedures. That can give you the basis for suit over breach.
Hope that clarifies.
So there's nothing that can be done?
As I stated, you can arguably sue for breach of employment contract under contract law and claim damages, but at least under state or federal employment law, there is no violation. The regulations they put in place are 'in-house', they are not a state requirement. Hence, their failure to follow them is not a state violation, but potentially contractual with you.
I am sorry!
You are most welcome, glad to help!
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