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GIJoeMarine

Junior Member
What is the name of your state (only U.S. law)? Texas

Recently I was terminated from a company that claims to be veteran friendly although my experience and many of my former colleagues who disagree, especially when it comes to this particular office.

My question is whether or not I have a case and should continue through the companies Dialouge process which the next step would be either be mediation or arbitration. And if so which one would have better result? Thanks in advance!

Situation: company brought in group of 16 veterans, I being one of them, to train at a new job and see if we could be successful. Well overwhelming to the site we learned the job very quickly and statistically we were outperforming the other teams on the floor which in turn built up some heavy animosity. After training we were dispersed amongst the teams on the floor. I was placed on a team with two other veterans and the team we were placed on had the newest/greenest manager and senior(supervisor). I had previously witnessed the senior's attitude and poor treatment of others but hadn't experienced it myself first hand. Once on the team I witnessed the senior mistreating my fellow veterans and then eventually it came to me and she yelled at me one day, telling me I couldn't leave the office when my wife had to have emergency MRI. The manager witnessed the altercation and sat back down at his cube. I then immediately reported the behavior to the next up the chain, our director. I recorded the conversation I had with the director. Then after a week had a similar conversation with exec dir. I was told during both conversations no retaliation would be allowed and that I eventually would be moved to another team (I was top performing on team but wasn't comfortable working with senior and reported she created a hostile work environment). A month and a half go by and along the way the HR person had contacted me asking to report further incidents which I did as asked and then out of the blue on my way home one day I was called and put on admin leave with the reason being given the personal safety of others. Days later I was terminated with the reason being given I threatened the senior, which was fabricated and proven to be false, and because I recorded the conversations I had with the director and exec director which I stated I did so for my protection and initially the HR rep tried to tell me that it was illegal in the state of Texas and asked if I knew it was illegal. The company policy isn't specific about using cell phones and says it is at the management discretion and they have always allowed use and the handbook also specifically states there is NO EXPECTATION OF PRIVACY. During the companies Dialouge process which I appealed the termination, they came back and said they couldn't overturn the decision because I recorded conversations and wouldn't discuss it further.

Please help and advise! Sorry so long and thanks in advance!
 


swalsh411

Senior Member
You were fired because you illegally recorded a conversation. That is not an illegal reason to terminate somebody.

See Texas Crim. Proc. Code § 18.20.
 

swalsh411

Senior Member
Is Texas not a "one party consent" state?

http://www.dmlp.org/legal-guide/texas-recording-law
Oral communication is different. It requires two-party consent if there is an expectation of privacy. At least that's how I read it. (and his employer did as well)

Regardless, OP comes off with a chip on his shoulder, that the entire populace is divided into veterans and non veterans, and I suspect his attitude played a role in the decision to terminate him as well. While I appreciate the service and sacrifice of all veterans, the civilian world is not the military. You adapt to your employer not the other way around. This job seemed like a poor fit from the start.
 
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Proserpina

Senior Member
Oral communication is different. It requires two-party consent if there is an expectation of privacy. At least that's how I read it. (and his employer did as well)

Regardless, OP comes off with a chip on his shoulder, that the entire populace is divided into veterans and non veterans, and I suspect his attitude played a role in the decision to terminate him as well. While I appreciate the service and sacrifice of all veterans, the civilian world is not the military. You adapt to your employer not the other way around. This job seemed like a poor fit from the start.

You don't think a conversation is oral communication?!

What exactly would it be?
 

swalsh411

Senior Member
Swalsh what about the fact that employee handbook clearly states there is no expectation of privacy
I would need to see the context but it was probably referring to phone calls or emails. It's unreasonable to interpret it that there is no expectation of privacy ever. Obviously a manager needs to be able to have a private conversation with an employee from time to time, or a meeting that discusses a confidential matter. The law defines oral communication as “any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation.” There is an expectation of privacy in a meeting where an employee is reported alleged misconduct to management therefore I do not believe the one-party rule applies.

You don't think a conversation is oral communication?!

What exactly would it be?
Under certain circumstances (see above) a conversation would not be oral communication as defined in the Texas statute. (Tex. Code Crim. Proc. Ann. art. 18.20)
 

Proserpina

Senior Member
I would need to see the context but it was probably referring to phone calls or emails. It's unreasonable to interpret it that there is no expectation of privacy ever. Obviously a manager needs to be able to have a private conversation with an employee from time to time, or a meeting that discusses a confidential matter. The law defines oral communication as “any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation.” There is an expectation of privacy in a meeting where an employee is reported alleged misconduct to management therefore I do not believe the one-party rule applies.



Under certain circumstances (see above) a conversation would not be oral communication as defined in the Texas statute. (Tex. Code Crim. Proc. Ann. art. 18.20)

Do me a favor? Please show the bit you're talking about?

http://law.onecle.com/texas/criminal-procedure/18.20.00.html
 

swalsh411

Senior Member
Do me a favor? Please show the bit you're talking about?

http://law.onecle.com/texas/criminal-procedure/18.20.00.html
I might have interested that wrongly to mean if you have an expectation of privacy then it's 2 party. So I am going to withdrawal that argument completely and say that the OP is at-will and his termination did not violate and specific laws that I am aware of. It's been a long day can I please order one of those drinks all you seniors like?
 

cbg

I'm a Northern Girl
This is to the OP:

Unless the employer violated a specific state, Federal or local law which expressly prohibits them from terming you for the reason they did, your termination was legal and you have no "case". Specifically what law do you think was violated by your termination?
 

GIJoeMarine

Junior Member
This is to the OP:

Unless the employer violated a specific state, Federal or local law which expressly prohibits them from terming you for the reason they did, your termination was legal and you have no "case". Specifically what law do you think was violated by your termination?
The termination was by all accounts retaliation for me reporting my seniors inappropriate behavior. The original incident involved her telling me that I wasn't allowed to leave work when my wife was in the hospital. Her behavior as well as managers displays discriminatory behavior towards the veterans on the team including myself, taking different actions towards vets for same behaviors as non vets. As well as there was character defamation and slander as both the senior and manager went around telling people in the office that I threatened her and was a physical danger to the workplace. The original reason I was placed on admin leave was because of that false report and during the investigation and on the day of termination they asked if I had ever recorded a conversation in which I told the truth and said yes for my protection. During the appeal they found that I did not in fact threaten my senior but I was told because I recorded conversations the decision could not be reversed.
 

Proserpina

Senior Member
I might have interested that wrongly to mean if you have an expectation of privacy then it's 2 party. So I am going to withdrawal that argument completely and say that the OP is at-will and his termination did not violate and specific laws that I am aware of. It's been a long day can I please order one of those drinks all you seniors like?


I cannot indulge, but I'd be glad to pour for you :)
 

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