Legal Question in Employment Law in Texas

I�m employed by a full service management organization (Company A) who operate an off-site facility for another company, (Company B).

I was originally employed directly by (Company B) in the same facility for 12 months. When the previous facility manager left, I continued my own job and also took on ther respective duties for 6 months. I was approached by the management company (Company A) and asked if I would like to apply for the full time position of manager. I applied, and was formally interviewed along with two other candidates and finally offered the position on the grounds of being the best qualified candidate for the job, I�ve held thi postion now for almost 2 years.

Recently the question has been raised by (Company B) as to my formal qualifications for the position; I�m an LVN currently working towards my RN Degree which will be completed within the next 12 months. (Company A) my employer answered that there was no formal requirement by either themselves, or (Company B) that the position be held by a degreed RN individual, I was hired for the position on the basis of my direct nursing experience 10+ years, and successful management of the facility prior to my official hire.

My employer (Company A) has provided (Company B) documentation that I am not operating outside my scope of practice but I feel that even though the facility rating has been upgraded from C to A+ rating under my direction, I have always performed my dutues well and have never been disciplined, (Company B) will put pressure on my employer and I will be asked to relinquish my position or even possibly fired.

Can my employer take away my position and hire another individual to the same post if I have done nothing to warrant this action and in the event they do would I have any recourse.


Asked on 11/16/12, 11:27 am

1 Answer from Attorneys
EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP

You don't need alot of the information you provided, unless there is some signed or verbal or impled contract created between you and either company. Without that or some Federal law involvemen (Unions, Discrimination, etc.) basically in Texas, you can be hired and fired at will, instantly. That includes for any reason, good or valid, or not. If an employer does not like the color of your clothes, that you support the Longhorns, whatever, you can be "let go" for it around here. Most other States are not like that. If they change the policy to require an RN, they can release you even if you have worked the job for decades.

I will be heading to Sugarland on Sunday to meet with a potential Client Sunday afternoon meeting at a Starbucks, If you want to sit down and talk a bit for a No-Fee consultation, (maybe I'm missing something) I'd be glad to talk to you! Or, we could set up a time for a free phone consultation. Either way, just let me know if you would like to discuss it further.

Edward J. Kazaleh

[email protected]

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Answered on 11/16/12, 1:41 pm


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