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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 35615
Experience:  I provide employment and discrimination law advice in my own practice.
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No termination paperwork signed

Resolved Question:

I was fired from my job... I was first placed on administration leave then two days later i was given call over the phone and told by phone that i was terminated. I understand Texas is an at will state but the center where i was working has an SOP for doing voluntary and involuntary terminations. There were two people involved in my situation, myself and another person,. I was not given a termination reason. The other person received a Final warning allowed to keep his job, i was terminated and in essence we both did the same thing so they claim. What can i do in regards XXXXX XXXXX have signed anything and also would i be able to file a wrongful termination since the employer themselves did not follow the SOP for my termination or a possible defamation of character like you mentioned to a previous person who asked a similar question. Thank you for your time.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 5 months ago.
Thank you for your post. Please permit me to assist you with your concerns.

Just to be clear, you are alleging 'wrongful termination' solely based on the fact the the company failed to follow their own procedure, nothing more. There was no other component to the termination that you are aware of?
Customer: replied 5 months ago.

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.

Expert:  Dimitry K., Esq. replied 5 months ago.
Edgar,

Thank you for your clarification. I would be happy to give you my thoughts but please know that none of us here can give you 'legal advice' as none of us are your attorneys. What we do provide is legal information and an analysis, but if you are seeking legal advice, for that you would need to retain local counsel to best help you. Also please know that I will respond as best I can based on the law, and if the answer is not quite as you hoped or expected, kindly do not blame the proverbial messenger. Would that be acceptable to you?
Customer: replied 5 months ago.

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.

Expert:  Dimitry K., Esq. replied 5 months ago.

Edgar,

 

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.

Customer: replied 5 months ago.

So there's nothing that can be done?

Expert:  Dimitry K., Esq. replied 5 months ago.

Edgar,

 

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!

Customer: replied 5 months ago.

Thank you.

Expert:  Dimitry K., Esq. replied 5 months ago.

Edgar,

 

You are most welcome, glad to help!

 

If satisfied with my response, kindly do not forget to positively rate my answers so that I can obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 35615
Experience: I provide employment and discrimination law advice in my own practice.
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