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Rescinding Termination in Texas?

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CyberChase

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

In the state of Texas, if a company terminates an employee, can they rescind the termination?

I am asking because a friend of mine was terminated from her job. However, after they went back and looked at the video tapes then they realized she had not actually done anything wrong. Of course, they should have looked at them beforehand, but mistakes are made.

Would it be possible for them to rescind the termination, give her back her full time position, benefits, PTO, etc.? Or would they not be able to legally do that? Is this something she should request? How much time do they have to rescind it?

Thanks in advance for your time and help!
 
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justalayman

Senior Member
they can rehire the person anytime they want and they can restore seniority, pay rate, whatever if they want.

what't the deal? what makes you think they couldn't rehire the person.
 

st-kitts

Member
Can an employer change their mind and rehire an employee they have recently terminated?

Absolutely.

Can they offer her benefits back?

Probably possibly, depending on the enrollment eligibility requirements established for the plan and any predefined waiting periods.

Can they give her back her PTO? Yes.

Can she ask for this? Absolutely. If she asks nicely, she may just get it too.
 

cbg

I'm a Northern Girl
In all 50 states, an employer MAY rescind a termination.

In no state MUST the employer rescind a termination.

Short of a court order, of course.
 

pattytx

Senior Member
As a matter of semantics, "rescinding" a termination generally means that the employee is treated as though they were never separated from employment.

"Rehire" is not the same thing.
 

justalayman

Senior Member
As a matter of semantics, "rescinding" a termination generally means that the employee is treated as though they were never separated from employment.

"Rehire" is not the same thing.
Yes, I do understand the difference :)

How about annul or vacate?

I see rescinding as reversing something. Annulling or vacating states it never happened.;)
 

eerelations

Senior Member
I think the OP may've been asking if her friend's former employer can be legally forced to rescind her friend's termination if it's found her friend did nothing wrong...OP if you were asking that, unfortunately, no your friend cannot legally force her former employer to rescind her termination.
 

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