wrongful job termination at Texas?

[previousTexan]

I am a foreigner obtained a degree in Texas.

I signed a contract with a company located in Houston, Texas. The contract said the employment will be "secure a stable, long-term working relationship for 29 months". The employment also specified "liquidated" damages" (30000 dollars for me and about 30000 dollars for them) "should the relationship prematurely terminate". However, after the great downturn in the oil industry several years ago, I was terminated almost immediately. They listed about 10 reasons for termination, but to me most of them are not important at all. I asked a senior colleague about my performance, he said I did pretty good during the employment.

They promised me one month salary after the termination. I asked for 5 months. Then they gave me nothing and even didn't give the salary of my last working week.

I know you can almost fire anyone for any reason at Texas. Was my termination a good cause or wrongful termination?

 

[commentator]

Gathering that this happened "after the downturn in the oil and gas industry several years ago, I was terminated almost immediately after the downturn." So this is a hypothetical question at this point. I'd probably have had a labor attorney look over the contract at the time, but doubt if "wrongful termination" would've been in the discussion. I'd also have managed to get paid for that last working week through the federal wage and hour aspect in your state. "Good cause" can be interpreted as any action that is reasonably good for the business,for example, reducing staff, not just that you have done something terrible or were not good at the job. "Wrongful termination" is a specific term which doesn't apply here.

 

[PayrollHRGuy]

Which down turn are you talking about there have been many over the years.

What year would you be talking about?

And this would likely be a contract issue not a wrongful termination case.

 

[HRZ]

AT least as posted, tHis was not a mere feel good engagement letter in an at will situation, it addressed a rather specific 29 month duration and some specific liquidated damages if the arrangement falters. There may be more too it but I suggest you get that contract reviewed by an attorney seasoned at employment contracts ....and do so promptly lest any claim for the $30,000 liquidated damages become stale

 

[commentator]

Agree, though I suspect from the wording that it is far past stale at this point.

 

[cbg]

It was not a wrongful term. It may or may not have been a breach of contract, although only an attorney who has read all the documentation can say for certain. "Good cause" does not apply. There are other options besides "wrongful term" and "good cause" and this appears to be one of them.

I will say that it is almost certainly too late to do anything about it even if there is a breach of contract, based on what was posted.

 

[PayrollHRGuy]

Where does the OP say how long ago he was fired?

 

[Zigner]

The OP states he was terminated "several years ago".

 

[PayrollHRGuy]

Then for the OP the staute of limitations on a contract is 4 years in Texas.
Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (a)(4)

 

[previousTexan]

Thank you indeed for your kind advice. Now I am quite sure it is a breach of contract.
The incidence happened at the beginning of 2015. I am currently out of United States and employed in another job. So if I seek a lawsuit, there isn't too much time left. Besides, I can not leave my job and travel to the US easily because of the visa issues.

So my question is, if I am to seek a lawsuit of this type, do I have to be in the US personally?

 

[HRZ]

You need not be personally present to file a civil suit but you darn well need to file the suite and serve notice of.same on the employer BEFORE the statute of limitations runs out ! And use TX counsel to get it right .

Odds are you need to be personally present at various stages of trial.

You might be smart, with counsel seasoned in contract and employment law in TX to review the 10 reasons they claim you were let go. In light of the contract . My guess is they were smart enough to remember the contract and loaded in every possible thing they could rhink of to inhibit any claim you might make . Keep in mind in an at will situation they can let you go for no reason at all, but per your version of the deal, this is a contract . Someplace in the contract may be reasons to terminate it, details of your contract matter.

 

[HRZ]

ITs too late ( 180'days ) to file a claim for the missed 1 week pay with Texas workforce commission and besides that would be wrong move as the statute of limitations is 4 years for a civil suit ..and you cannot file both successfully .