2004, i was terminated for "not being able to perform my job". I just started receiving counceling for anxiety, when i was told "for the safety/security of the agency" i was terminated. now, i have the "strength" to fight back. anyone know for texas, is my timelimit too far past to file a suit? i lost all benefits, spent retirement to survive, and lost all my security for my family.
2007-07-20 14:00:43 · 7 answers · asked by jrtataw 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
In some states there is a 2 year limit, you would have to talk to an employment lawyer in Texas-some do initial consultations for free. Also-did you file for unemployment from the state? Did you get it? If you did not have a labor agreement or contract of some kind stating there had to be "just cause" to terminate you, in many states they can lie,or fire you for any reason they wish. (If Texas is an "employment at will" state, you could be out of luck.) But you should go to lawyermatch.com. They let you post a general question about your situation and employment lawyers in your area can respond, if they feel they need more details or that you have a valid claim. You don't have to say who you are if you don't want to. I'm sorry for what you've been through. I know companies can be unfair, even vicious if someone decided they wanted you gone.
2007-07-20 14:30:00 · answer #1 · answered by ? 2 · 0⤊ 0⤋
The term is "employment at will" - that means as someone else stated that you can be fired if your boss doesn't like the color of your shirt - or for just about any reason or for no reason, as long as it's not for a protected reason like your race or gender.
"Right to work state" has to do with whether or not you have to join a union if there is one at your place of employment, and has nothing to do with terminations.
In any case, it doesn't sound like you had a wrongful termination case you could win even if you had filed right away.
Good luck. I hope you've gotten your life back under control and are able to get a job and get back on your feet.
2007-07-20 14:31:24 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
That is going to be a tough battle. Ive owned many companies, but I believe Texas like Utah is a right to work state.
That means if you walk into work and I dont like the color of your shirt I can fire you. If I havent broken any consitutional issues it doesnt matter.
You said they gave you a reason. Most states, if you had a contract you can file a grievence but normally that is only good for 18 months. But you have to prove in your contract why they couldnt fire you.
Good luck and good luck with your anxiety. I have GAD. I feel for you, but I think you are way too late to go after them. But if you sue and they are big enough, you might get something. This is america.
2007-07-20 14:13:34 · answer #3 · answered by financing_loans 6 · 1⤊ 0⤋
Texas is a right to work state and your employment can be terminated at any time - with or without cause. If they discriminate against you and you are in a protected class, you might be able to sue, but you are not in that situation.
Also, it sounds as though they gave a valid reason. Sad as it is, if you were unable to do your job, they had every right to fire you.
2007-07-20 14:20:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Glad to hear that your health issue is improving.
Unfortunately, it doesn't sound like you have a good cause of action for wrongful termination on the facts you describe. Also, the statute of limitations has likely run out anyway, unless you can find a creative litigator to try to argue that the statute of limitations was somehow "tolled" (i.e. halted) during the period of your disability.
2007-07-20 14:44:49 · answer #5 · answered by mrm33064 2 · 0⤊ 0⤋
If you can't do the job they aren't wrong to terminate you. Most places they can let you go for almost any reason except being a whistle blower.
2007-07-20 14:07:26 · answer #6 · answered by shipwreck 7 · 2⤊ 0⤋
Not sure about time limit, but firing before letting you go on short-term disability doesn't seem right. check with a lawyer is all I can think of
2007-07-20 14:12:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋