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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118774
Experience:  20+ Years of Employment Law Experience
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After a heated situation at work and being cussed, i pushed

Customer Question

after a heated situation at work and being cussed, i pushed a co-worker to get him to stop. i was fired and was told by the superintendent that he would be fired also. i found out a few days later that he wasn't. how is this fair? i'm sure they have me listed as no re-hire. i feel that i was treated unfair about the whole situation. any advice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, a workplace can have zero tolerance for any workplace violence. The way to handle being "cussed" and threatened or yelled at is to walk away and report it to the supervisors. Taking any type of physical action makes the employee just as wrong as the other employee. Legally physical violence is more severe than verbal aggression, so while it may not be fair, his verbal aggression towards you is different than you engaging in physical violence (according to the court using physical force to stop verbal abuse is not appropriate).
Also, employment in Texas is considered at will, meaning they can terminate you for no reason or any reason that is not based only on your age/race/sex/disability/national origin and the employer has the right to terminate you for this and not rehire you and there really is no legal recourse for this type of situation I am afraid.