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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19130
Experience:  Employment/Labor Law Litigation
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FOR SOME LEGAL GUIDANCE ON A TERMINATION OF MY EMPLOYMENT AT

Customer Question

HELLO
JA: Hi. What is your issue regarding?
Customer: I AM LOOKING FOR SOME LEGAL GUIDANCE ON A TERMINATION OF MY EMPLOYMENT AT THE RELEASE OF A SHORT TERM DISABLILTY LEAVE
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I LIVE IN TEXAS WHICH LAWS DONT FAVOR THE EMPLOYEE BUT MY COMPANY THAT I WORKED FOR IS LOCATED IN WASHINGTON STATE
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I WAS A FULL TIME EMPLOYEE FOR TEN YEARS
JA: Anything else you want the lawyer to know before I connect you?
Customer: I WAS TOLD AT THE TIME OF TERMINATION THAT I WOULD HAVE TO FILE FOR UNEMPLOYMENT TO FILE SUIT. BECAUSE OF CIRCUMSTANCES OF MY HEALTH I NEVER FILED AND WAS TOLD THAT I ONLY HAD 12 MONTHS TO FILE. IT WILL BE TWO YEARS THIS JULY MY HEALTH HAS IMPROVED AND I FEEL AFTER REVIEWING MY ANNUAL PERFORMANCE REVIEWS UP TO THE TIME OF TERMINATION THAT I WAS DISCRIMINATED ON AND FIRED
Submitted: 1 month ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 month ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Texas law would apply as that is where you live, pay taxes and work. The home of a company doesn't dictate the employment law that applies.

If you are beyond two years following your termination though, it wouldn't matter what state's laws you apply. Every state has a very limited time frame for filing a discrimination lawsuit against an employer, typically one year. Certainly, Texas has one that short and you would be beyond the statute of limitations in your state to sue. I wish I could tell you differently here, but you have missed your time frame to file suit.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 month ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.