If my husband was fired wrongfully, can we take this to court?

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If my husband was fired wrongfully, can we take this to court?

His car broke down and so he called his boss to inform him that he could not makr it because we didn’t have a car. The next day he was told that he quit without notice which isn’t the case. He called 3 different people and spoke to all of them about the situation.

Asked on May 30, 2012 under Employment Labor Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Unless you husband is a member of a protected class and he was treated differently than someone else in the same type of situation, then no, he doesn't have a wrongful termination suit.  This is because Texas is an at-will employment state which means that an employer can discontinue an employment relationship at any time for any reason... as long as that reason is not based on some type of discrimination (i.e. race, gender) or retaliation (i.e. for filing a worker's comp claim).  If the termination was based on an illegal purpose, and your husband can prove it, then he could file a lawsuit for wrongful termination.  Even if your husband does not have a wrongful termination lawsuit, he can still file for unemployment.  I know this is not much of a comfort, but the denial of benefits can be devastating to some families.  If an employer lies about the reason for their termination, then this factor usually works in an employee's favor at any hearings related to TWC benefits (if his employer decides to contest it).  He needs to make sure that he makes notes regarding who he talked to and reported his absence to so that he can reference them as witnesses should there be contested hearing.  These are often done telephonically, but witnesses can still be called. 


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