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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I was terminated from 8 years of employment for not

Customer Question

I was terminated from 8 years of employment for not productive as per company standards and insubordination. Never a verbal warning, no written warning, in fact, I had a heart attack on Wed, heart surgery on Thurs, called employer Fri to tell him I would be back Mon, his secretary contacted me Sat wanting me to do some company business. I declined, I sent a text to my son who also works there, stating how inconsiderate she was, and I called her a name to him, in strict confidence, in the text. It got back to the employer and he fired me on Sun. Records will show that under my management, that office ran more business than that company had ever ran in history with only me. Our office in another city, did 1/3 the business and had 4 employees. I constantly asked for help. He hired someone to replace me. do I have any legal recourse other than unemployment?
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: I was terminated from 8 years of employment for not productive as per company standards and insubordination. Never a verbal warning, no written warning, in fact, I had a heart attack on Wed, heart surgery on Thurs, called employer Fri to tell him I would be back Mon, his secretary contacted me Sat wanting me to do some company business. I declined, I sent a text to my son who also works there, stating how inconsiderate she was, and I called her a name to him, in strict confidence, in the text. It got back to the employer and he fired me on Sun. Records will show that under my management, that office ran more business than that company had ever ran in history with only me. Our office in another city, did 1/3 the business and had 4 employees. I constantly asked for help. He hired someone to replace me. do I have any legal recourse other than unemployment?
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: nothing happens when I click it
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel that this was a personal attack and had nothing to do with my record. Any of my employees would tell you the same. They are all shocked at what he did.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Loren replied 1 month ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

Expert:  Loren replied 1 month ago.

Before we begin a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Customer: replied 1 month ago.
1) No
2) Yes, due to health
Expert:  Loren replied 1 month ago.

With regard to your health, do you have a disability? Did you request a reasonable accommodation pursuant to ADA? Medical leave pursuant to FMLA?

Customer: replied 1 month ago.
I had a heart attack
It wasn't something I could schedule
Expert:  attyadvisor replied 1 month ago.

I am a different Attorney. When were you let go? This is worth pursing. Where is the business located?

Did you request accommodations after you suffered from the hear attack?

The HR department should set out their own dispute resolution process, ether way we want to get you to a meeting with an employment Attorney in the area. Where is the business located?

Customer: replied 1 month ago.
Thank you for your time
I will find someone locally
Expert:  attyadvisor replied 1 month ago.

Where are you located so I can provide a link for Attorneys that provide FREE consultations on the area?

Customer: replied 1 month ago.
I am not going to call you
Do not charge me anymore
I don't have a job anymore
Expert:  attyadvisor replied 1 month ago.

No worries. IGNORE THE PHONE CALL REQUEST. The call requests are generated by the site. Please ignore them. It will be my pleasure to provide this information at no additional cost to you.

Expert:  attyadvisor replied 1 month ago.

Are you still online with me?