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Can I Sue the company i used to work cuz it cuz my divorce.

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Can I Sue the...

Can I Sue the company i used to work cuz it cuz my divorce

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

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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

See me and my wife work for same big store the lost prevention found out the life still we had told everyone in the store we both called hr nobody did nothing then i start geting introble for everything so i quit it

Submitted: 8 months ago.Category: Legal
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12/7/2017
Lawyer: ScottyMacEsq, Attorney replied 8 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,167
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm very sorry to hear about your situation. It's unlikely that any lawsuit would be successful. The first thing that you need to know is that Texas is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

There's actually no case for "causing a divorce". The closest type of case is called "alienation of affection" lawsuits, when an "outsider" interferes in a marriage. The suits are allowed in seven states: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah. Texas does not recognize that cause of action. The closest one that Texas recognizes is "Intentional Infliction of Emotional Distress"(IIED) . According to the case of Hoffmann--La Roche Inc. v. Zeltwanger, 144 S.W.3d 438, 447 (Tex. 2004). The elements of the IIED case are: 1) the defendant acted intentionally or recklessly; 2) the defendant's conduct was extreme and outrageous; 3) the conduct caused the plaintiff emotional distress; and 4) the emotional distress was severe.

Note that in an IIED case the damage is not what happened to your marriage, but rather the physical manifestation of emotional stress that the actions of the employer caused you. So if you had to go to a doctor, psychiatrist, etc... and you can trace that back to the actions of the employer, with an expert that will testify to that, AND that the actions were objectively "extreme and outrageous" (such that every jury that would hear that matter would say "that's outrageous" and vote against the employer) then you might have a case under that. But otherwise, it's unlikely that you'd have a case at all.

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Hello?

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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