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Wrongful Termination

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witzeroni

Member
Commentator -

Thank you for taking the time to reply and your advice - it makes sense. I'm very worried that I won't get unemployment insurance, but according to the website I will get an answer from between 3 -> 7 days from when I apply, which will be tomorrow and they even allow you to do it online.

I have not thought about going back to previous job - I'd be too embarrassed to tell them.

I think I will be able to find another job fairly soon, but the two things that worry me are: unemployment in the meantime, and what I put on my resume about lasting 4 weeks at a job.

Thanks again
 


witzeroni

Member
cbg -
'If you are under the impresssion that receiving unemployment means that your termination was illegal, you are in for an even greater shock than some of the above posters think you are.'

What? Where did I ever hint at that? I received unemployment when I was laid off after working for a company for 3.5 years. They had every right to lay me off.
 

cbg

I'm a Northern Girl
If I misread your meaning, I apologize. You wouldn't be even remotely the first poster who believed that.
 

las365

Senior Member
cbg, I'm in Texas and I'm not familiar with the law requiring a former employer to give an explanation of the reason for termination upon written request from the teminated employee. Can you point me to the statute or regulation? It could help me assist the people I talk to in the course of my job. Thanks!
 

cbg

I'm a Northern Girl
These are the references I have:

Tex. Lab. Code. Ann. 52.031(d), 103.001 to 103.003; Tex. Civ. Stat. Ann. Art. 96.
 

Betty

Senior Member
cbg, I have:

Tex. Lab. Code Ann. 52.031 (d); 103.001 - 103.003; Tex. Rev. Civil Stat. Ann. art. 5196. (5196 includes info on furnishing discharged employee
with statement of reason for discharge within 10 days after written request (or if employee left voluntarily, a statement that they left voluntarily upon written request & within 10 days......)
 
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las365

Senior Member
Thanks y'all. Not to take the thread way off topic, but I looked this up and it reads:

Art. 5196. Discrimination

Either or any of the following acts shall constitute discrimination against persons seeking employment:

1. Where any corporation, or receiver of the same, doing business in this state, or any agent or officer of any such corporation or receiver, shall blacklist, prevent, or attempt to prevent, by word, printing, sign, list or other means, directly or indirectly, any discharged employee, or any employee who may have voluntarily left said corporation's services, from obtaining employment with any other person, company, or corporation, except by truthfully stating in writing, on request of such former employee or other persons to whom such former employee has applied for employment, the reason why such employee was discharged, and why his relationship to such company ceased.
I don't interpret this as meaning that every employer has to provide a written explanation to a former employee upon written demand. I may be picking nits, but it refers only to corporations (or receivers of corporations) and is really about preventing blacklisting.

I just wouldn't want people to read this thread and think that every employer in Texas is required to give a written explanation of the reason for termination. Of course, a terminated employee can almost always obtain the employer's reason for the termination by applying for unemployment.
 

Betty

Senior Member
cbg & I always believed a separation letter was required in Tx. on written request of employee.

Texas Statute 5196 -3. Where any corporation, or receiver of the same, doing
business in this state, or any agent or employee of such corporation
or receiver, shall have discharged an employee and such employee
demands a statement in writing of the cause of his discharge, and
such corporation, receiver, agent or employee thereof fails to
furnish a true statement of the same to such discharged employee,
within ten days after such demand, or where any corporation or
receiver of the same, or any officer or agent of such corporation or
receiver shall fail, within ten days after written demand for the
same, to furnish to any employee voluntarily leaving the service of
such corporation or receiver, a statement in writing that such
employee did leave such service voluntarily, or where any
corporation or receiver of the same, doing business within this
state, shall fail to show in any statement under the provision of
this title the number of years and months during which such employee
was in the service of the said corporation or receiver in each and
every separate capacity or position in which he was employed, and
whether his services were satisfactory in each such capacity or
not, or where any such corporation or receiver shall fail within ten
days after written demand for the same to furnish to any such
employee a true copy of the statement originally given to such
employee for his use in case he shall have lost or is otherwise
deprived of the use of the said original statement.

#5 Where any corporation, or receiver of the same, doing
business in this state, or any officer or agent of such corporation
or receiver, discharging an employee, shall have failed to give
such employee a true statement of the causes of his discharge,
within ten days after a demand in writing therefor, and shall
thereafter furnish any other person or corporation any statement or
communication in regard to such discharge, unless at the request of
the discharged employee.

____________________________________________________________
from Nolo publication - separation letter required in Tx. at employee's written request.: (This was with a list of states that require separation/service letter at termination.)
Texas -
Employee must make request in writing.

Employer must respond within 10 days of receiving employee’s request.

Discharged employee must be given a written statement of reasons for termination.

Employee who quits must be given a written statement, including all job titles and dates, that states that separation was voluntary and whether employee’s performance was satisfactory.
 
You are THE last person to comment on anyone else's post being incorrect.:rolleyes::rolleyes::rolleyes and you know what else? Those seniors ye be so fond of arguing with? They at least have the decency to admit when they're wrong!

You? T'all are still a-waiting on THAT miracle to happen.
 
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cbg

I'm a Northern Girl
Las, I was working from a summary sheet which didn't specify. Of course, even the smallest company can be a corporation; my husband is a one-man operation at the present time but he's incorporated. While I agree with your interpretation, I think that the number of employers it excludes is probably not going to be a huge percentage in the long run.
 
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