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Thank you for using JustAnswer!I am sorry to learn of your circumstances. Do you belong to a union?
I'm an electrician and was in the smoking area which was moved outside the gate by the guard shack where this contract employee is the 11:00pm to 7:00am security guard. there is a union but maintenance and electrical employees are not part of the bargaining unit.
even though I'm not a part of the bargaining unit I had planned on speaking to the union rep and explain my situation and see if i could get them to also represent me under the circumstances,but in the mean time all i have is the accusation by this female contract security guard against me to my employer and nothing shown to me in the form of any evidence proving her statements which I haven't even seen in writing and really no way to prove my innocence.It's a situation to the best of my knowledge of "SHE SAID / HE SAID" Now what are my rights and what do you advise, in the state of Texas?
I am afraid that you are not going to like the answer.
From the facts that you've described, you are an "at will" employee.
So, that's strike one.
As an at-will employee, you can quit at any time and your employer can let you go at any time.
Your employer does not have to have a valid reason or "just cause" to let you go.
Strike two is the fact that you exercised your right to not provide a statement.
So, as a consequence, you bet the employer did a one-sided investigation and it should not be a surprise on which side they came down in the matter.
The law does not require them to show you anyone else's statements. It just doesn't.
From the facts that you've described and (a) because you're an at-will employee and (b) because you chose to not provide a statement to rebut the allegations, the employer did not violate any laws in making the decision to terminate.
Good luck and best wishes for better days ahead. I hope that you find this information to be helpful in better understanding where things stand and why. I also hope that you find this answer to be ACCEPTable!
Yes and i thank you have a nice night