Legal Question in Employment Law in Texas

I was on my way to work yesterday, March 27, 2010 and totaled my truck. I had to go to the hospital for medical attention. While I was at the hospital I called my employer and explained that I had been in a bad accident and that I was not going to be able to come into work that day and probably for the next day or two after because of my injuries. I called my employer today. march 28, 2010 and they fired me for not coming in on the day of the accident.I told them I had hospital discharge papers and a police accident report to bring them when I came back to work, within a couple of days. Can I sue them for wrongful termination?


Asked on 3/28/10, 12:57 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If I were you, I wouldn't file a wrongful termination suit.

"Wrongful termination" cases in Texas are very, very tough. The law (generally) is that the employer can fire you for any reason or for no reason.

Exceptions are: where you are fired for racial or religious reasons ("Jeff, I just don't like working with Catholics"), or if you are fired because you are a woman. Or if you�re fired because of your national origin.

By the same token, if you QUIT your job and cause loss to the company (a lost sale, for instance), THEY can't sue YOU for damages.

Think of a contract of employment as one that renews every day: I came to work today, so you have to pay me; if I don�t come to work tomorrow, you can�t sue me for breach of contract; and if I come to work tomorrow and you tell me I don�t have a job, I can�t file a lawsuit for breach of contract.

And a lawsuit for wrongful termination will NEVER settle. You'll be in court for years (if you can find a lawyer to take your case).

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Answered on 4/02/10, 1:21 pm


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