Employment Law

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I am filing an appeal Tribunal appeal. My deadline is

Customer Question
I am filing an...

I am filing an appeal Tribunal appeal. My deadline is today.Just noticed this link.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas,

Lawyer's Assistant: What steps have you taken so far?

I gathered information from TWC. I was fired for committing on a FB post for a job that I was over qualified for, Sober House House Manager position. I said, too bad you don't offer IOP and individual counseling cuz we could make a lot of money with my LPC, LCDC. The CEO saw my response and fired me a week later, saying that was unprofessional. It was on my personal phone, on my own time. There wasn't even a job available for me, if i had been looking for another job, which I hadn't been.

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

Their response was that it was against company policy for my to use my license to make money, but I have not seen anything in the employee handbook or related materials that addresses such.

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,571
Experience: Employment/Labor Law Litigation
Verified

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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

I saw your other post concerning FB posts.

Your argument here cannot be a 1st Amend one. That applies to the government depriving you the right to speech, not a private employer. So, it has no application here and the employer's decision to terminate is legally justified, if not necessarily morally so.

That being said, your argument here is lack of notice of the existence of any such policy. This helps to negate the argument the employer has to make. They have to show the existence of a policy and reasonable notice to employees, in order to be able to block unemployment based on a violation of that policy. So, for you, unemployment is within reach.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 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, have a great day and please don’t forget to rate my service.

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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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