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do they have a case?

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curioustx

Junior Member
What is the name of your state? Texas

We had an employee, we'll call her Bertha, who had a 3 inch thick personnel file with several recent write ups. She was warned that any more slip ups would result in termination. Bertha was summoned for jury duty and was out for 2 weeks and her accounts were then handled by other employees. This brought to light several costly mistakes and acts of negligence against her job duties that Bertha was basically covering up well before leaving for jury duty (all of course documented). When she came back from Jury Duty, she was then let go for those reasons just mentioned.

Bertha has however hired a lawyer and is claiming wrongful termination, specifically being fired for performing jury duty. Bertha has also filed for unemployment, but the reason she gave them was the reasons we told her and not her theory of wrongful termination.

We contend that her performing jury duty and being terminated is coincidental.

Does Bertha have a case?
 


moburkes

Senior Member
What is the name of your state? Texas

We had an employee, we'll call her Bertha, who had a 3 inch thick personnel file with several recent write ups. She was warned that any more slip ups would result in termination. Bertha was summoned for jury duty and was out for 2 weeks and her accounts were then handled by other employees. This brought to light several costly mistakes and acts of negligence against her job duties that Bertha was basically covering up well before leaving for jury duty (all of course documented). When she came back from Jury Duty, she was then let go for those reasons just mentioned.

Bertha has however hired a lawyer and is claiming wrongful termination, specifically being fired for performing jury duty. Bertha has also filed for unemployment, but the reason she gave them was the reasons we told her and not her theory of wrongful termination.

We contend that her performing jury duty and being terminated is coincidental.

Does Bertha have a case?
Well, potentially, but, as long as you are able to prove that she wasn't fired for JD, you should be okay.
 

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