My son was fired for a first time no show no call he has worked for th company for 2 years with no write ups put he has had verbal write up and he was verbal but on probation is this legal there is no paper to say he has ever been in trouble so Im wondering if class action suit for wrongful termination and can he get unemployment
2007-08-19 07:26:32 · 5 answers · asked by Tammy R 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Was it just one day? 2. "verbal write-up" is an oxymoron at best , if it's VERBAL there was no WRITING, so... I would talk to your local labor board / unemployment office. I'm in a neighboring state to you, and common knowledge tells me that if they FIRE you , you would / can collect unemployment , but if you quit it's harder. Also , i believe it's a 3 day no show / no call , then they can claim he "left or abandoned his job". Good luck.
2007-08-19 07:39:03 · answer #1 · answered by Anonymous · 0⤊ 2⤋
Rick B. has it right - Texas is at-will and the termination was in every way legal and justified. He has no grounds to sue.
He can file for unemployment, and most people who are fired do get unemployment. However, the company may contest the unemployment since he was a no show. There would be a hearing if it is contested, and a decision from there. He should file for unemployment, but he may not receive it.
I wonder why you are trying to have your son sue, instead of telling him he was irresponsible? It's called personal accountability. He's responsible for his own actions.
2007-08-19 17:00:56 · answer #2 · answered by KP7689 4 · 0⤊ 0⤋
Texas is an employment-at-will state. You can be fired for any reason (or no reason). No, he has no standing. He broke the rules and got fired. You don't have to have any warning. Of course, he DID have warning and he was on probabtion. Why didn't he pick up a phone?!?!!?
He can apply for unemployment but it sounds like he had been warned so I doubt he'll get it.
You can't go through life suing everyone, Darlin.
***** Also, a class action lawsuit is where a bunch of people get together and sue. Your question has nothing to do with class action.
2007-08-19 14:38:08 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Employment is at will which means they can dismiss you at anytime. A now show no call will be viewed upon as he quit the important part here is no call, the employer has every right to consider that as quitting, and thus no unemployment benefits would be available. A law suit, please you have to be kidding me, as stated without contact it is noted as he quit.
2007-08-19 17:07:04 · answer #4 · answered by Pengy 7 · 0⤊ 0⤋
He did not show up for work and is questioning being fired? Are you joking? They had every right to fire him unless he was in the hospital somewhere unable to call in.
No, he can't collect unemployment, that is for people laid off from their jobs, no for being fired.
2007-08-19 15:19:12 · answer #5 · answered by Landlord 7 · 0⤊ 0⤋