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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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I think I was wrongful terminate just a brieft statement of

Customer Question

Hello I think I was wrongful terminate just a brieft statement of what happen we had a mandatory drivers meeting on a regular off day, I work for Penske there contracted threw, Atrium windows also security company call Top Gun, NOW I pull up to the front gate with my daughter it was a lady security up at the gate I flash my badge with the window up she look at me an looked off that's when I roll my window down an said Im a Penske driver can you open the gate she was just standing there looking at me an went back into the guard shack so than a white SUV pulls up behind me she comes back out the guard shack an get in front of my car trying to stop me from going in she tells the SUV to come around me so Im still trying to ask her why she not letting me in the gate she does not answer me so I put my car in revers an go around her so when I get into the gate I ask my co-workers what time the meeting starts they tell me its starts at 9am in the other building so I head back out the gate this time she close the gate so I cant come out what happens nexts I go to meeting my boss comes up to me an say he need to talk with me after the meeting so ask him about the girl jumping in front of my car want let me in he said yes after meeting he ask me what happen an I told him just what Im saying now he than told me that's not what she said he said she told him I try to run over her in the car an I assaulted her, he also said that the police wanted to arrest me an I told him that's not true to look at video tape an than he said basic off what she said hes going to have suspend me with pay for a week so I been off since 29th of Aug to now they call this morning an told me I was fired because I drove around her an I didn't have authorization to be on the property I than told him I have a badge that is my authorization an I was coming to a mandatory meeting know call ne from home an told me to come so my question is that's wrongful termination
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and welcome. I am very sorry to hear that you were let go and agree that it sounds quite unfair.

Regarding your question, "wrongful termination" does not mean what most non-attorneys think it means. It does not refer to a termination which is "wrong" in the sense that it was unfair or should not have happened. Rather, it refers only to terminations which are motivated by legally protected traits (e.g. race, religion, gender, disability) or a legally protected activity (i.e. filing a workers compensation claim, taking FMLA leave). Only then does a termination because legally actionable as a "wrongful termination." Termination for any other reason is legal in Texas, regardless of whether the basis is fair, reasonable or even TRUE. This is because Texas follows the doctrine of at will employment, the idea being that either the employer or employee can terminate the employment relationship "at will" without having to show cause.

Regrettably, this means that the facts you have described would not give rise to any legal causes of action against your employer. The EEOC would not have jurisdiction, either, as the EEOC only deals with terminations motivated by legally protected traits, as defined above.

You can apply for unemployment benefits as you search for a new job, but unfortunately your only option here is to appeal your termination with HR (note, this is not a legal "appeal," just an attempt to get your employer to reconsider) or to start looking for new work.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

Expert:  Patrick, Esq. replied 1 year ago.

Are you able to view my answers?