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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Years 9 month, I worked Baking Company of San Antonio, my

Customer Question

For 16 years 9 month, I worked for Flowers Baking Company of San Antonio, my position at the time of my termination was as Inventory Control Manager. On April 25, 2016, I received a written document of terminated for a GMP violation. Detail explanation as written in the report does not fall under the definition of a Company GMP Policy violation. Also, this is the first and only disciplinary action taken against me in the six years as; Inventory Control Manager/Receiving Supervisor. I was never interviewed before or after, by any of my superiors when the final judgement/actions was handed down by the HR, Director and her assistant. Flowers Foods has five manufacturing facilities in Texas including the one here in San Antonio. I learned the day before submitting this request of allegations of sexual harassment swirling around the company being the primary reason for my discharge. Can you please advise my options as it relates to wrongful terminations and addressing the allegations of sexual harassment?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry to hear that this happened. In general, though, I must tell you that employment in the state of Texas is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Thus, an employee can be terminated on the basis of false allegations of sexual harassment. Since the employer doesn't need to justify their reason or have a true or correct reason, the law does not entitle an employee to an investigation or opportunity to defend themselves. Again, since employment is at will, either the employer or the employee can terminate the employment relationship at any time.

So, regrettably, your only option would be to attempt to reason with your employer. It is not in their interest to terminate an employee for no reason, so they should be reasonable in working with you. Again, though, they don't have to be, and your only power is the power of persuasion.

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.