What to do if my husband’s ex-employer fired him but said that he resigned?

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What to do if my husband’s ex-employer fired him but said that he resigned?

My husband lost his job but had never been written up or had any verbal warnings. However, he was called in one day and said they had to let him go. He was still on probation period. They then sent him a letter saying he resigned, but he didn’t resign. Is there anything we can do? Just doesn’t seem fair and a little shady.

Asked on November 28, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your first step is to call the person that sent the letter and let them know that your husband did not resign.  Your husband should even follow-up with a letter requesting a corrected letter that he did not resign.  This seems like little detail, but if your husband decides to file for unemployment, the fact that he voluntarily left a job could affect his benefits.  (He probably won't be able to claim benefits from this employer because he was there such  short time, but he may be eligible from his prior employer.  Consider filing online which is free and convenient).  

Other than setting the record strait or filing for unemployment, there is not a whole lot a legal recourse unless they start to lie to other people about his reason for leaving.  This is because Texas is an at-will employment law state.  However, if they start lying about how his employment ended and it affects his ability to get jobs elsewhere, then he could have a defamation suit.


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