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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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TO Alllen M., Esq. On Friday I received a call from Texas

Customer Question

TO Alllen M., Esq.
On Friday I received a call from Texas Workforce about my termination. I had told them I was terminated because the company was going in a new direction. They responded to Texas Workforce that I was terminated because of my attitude, aloofness, didnt get along with Franchisees,etc. All false. The Company sent a letter to the franchisees that I resigned, which is also false. My question, can I get this information they furnished Texas Workforce?
08 August 2016 10:44
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months 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.

You can certainly make a limited "discovery" request to the TWC for the information provided against you. That being said, I would not say that it would be useful for any sort of defamation claim. An employer can reasonably say to you that they are terminating you because they want to go in a different direction and also truthfully state (fair or not) that they didn't like your attitude. They can reasonably state that that is the different direction they wanted to go in. Furthermore, it's really a statement of opinion and not something that can be used for a basis for a defamation claim.

The statement to others that you resigned is more in line with a defamation claim, but you'd have to also show that you were damaged by that statement. It takes more than just showing a false statement. It has to be one that damaged you.

If you have any further questions, 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 top-three 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.

Customer: replied 11 months ago.
Would TWC use that information if a potential employer would ask about my previous employment?
Expert:  Allen M., Esq. replied 11 months ago.

TWC doesn't tell potential employers about your prior employment. That's not how that works. Potential employers can't do any sort of reference check with TWC.

Expert:  Allen M., Esq. replied 11 months 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.

Customer: replied 11 months ago.
Just to let you know, EEOC is going forward with my case
Expert:  Allen M., Esq. replied 11 months ago.

Ok, thank you for that information.

Did you have any other questions that related to this topic though? This question concerning the TWC remains open, without a rating, and it shows up in my system as incomplete.