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This answer was rated:

I have a question regarding company policy vs. company rule.

JA: Was this discussed with...
I have a question regarding company policy vs. company rule.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No.
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: State of Texas, hourly pay.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a 2-page document that I would like the lawyer to review. Depending on the answer to the question of "is this a policy, rule or both", I will have follow-up questions.
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Answered in 17 minutes by:
11/4/2017
Bill Attorney
Category: Legal
Satisfied Customers: 1,482
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your question today.

If you upload your document I can make a review offer.

Is this a hire documents, terms of employment, amendment, non-disclosure/compete or termination ?

Thanks

Attorney Bill

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Customer reply replied 1 month ago
None. It looks like a cross between company policy and company rule; however the company calls it their policy. Background: I was fired from a job for violating policy. Specifically, that I did not obtain permission from medical staff before I restrained a patient. When I send you the document, you will see that the statement "did not obtain permission from medical staff" does not exist.
Customer reply replied 1 month ago
Before I have a phone conversation, I would like to send you the document first.

I would need to review your contract in conjunction with policy list.

What type of employment contract do you have . public or private employer, contract or at will ?

Attorney Bill

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Customer reply replied 1 month ago
No contract. We are at-will (Texas).

If you are an at will employee then you can be fired for any or no reason.

The exception to this is if you have entered a collective bargaining agreement via a trade union, dismissal that is contrary to anti-discrimination statutes such as the ADA act or where you have an implied contract such as your policy handbook that you have referred to.

If you are being dismissed contrary to the handbook you may very well have a case for unfair dismissal.

If you send the document through I can make a review offer.

In relation to my answer.

By rating 5*****, 4**** or better I get a credit for my time.

SO I hope you will rate FIVE STARS before exiting today.

Thank You

Attorney Bill

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Customer reply replied 1 month ago
I am having a hard time uploading the document. Do you have an e-mail?

Yes, if you accept the offer you can send it to my email.

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 1,482
Experience: Attorney
Verified
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