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I am a store manager at a convienance store, my assistant…

Customer Question
I am a store...

I am a store manager at a convienance store, my assistant manager would let a team member out of office was holding him back and not letting him exit office my team member pushed him off and exited office, I wasn't here it was my day off and my district manager terminated assistant manager, and when he discussed issue with team member he told him it was my fault even though I wasn't here, and wanted a statement to confirm that my team member refused and stated to them in a great manager and how could it be my fault if I wasn't here, my question is if I am terminated over this what can I do legally.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Nothing reported to police. But I was told to give team member a raise.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

Submitted: 6 months ago.Category: Employment Law
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1/5/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,377
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, the general rule in Texas is that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

This means you can be terminated as an at-will employee under the circumstances you describe. It would not be fair, but again, your employer does not need a good or fair reason to terminate you. That said, most employers are reasonable because they know it costs time and money to fire someone and hire a replacement. So, it is in an employer's own self interest not to terminate someone unless they truly believe there is a good reason for it. Most employers can therefore be reasoned with. Here, it would be rather ridiculous to terminate you over an incident that you had no direct involvement with. I think most employers would recognize that, although they are not legally required to.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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