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Q 1: Do I have Any legal lawsuit actions I can take?
Q 2: Do I have the Right to Face my accuser?
Anonymous2 views2 answers
I was put on leave without pay, & benefits have been suspended because of slander. I was joking around when I said, "Damn, I haven't gotten fired yet, eh I will probably get fired in about a month". But my co-worker told my boss that I said, "I will probably be fired in a month for whooping someone's ass". I was joking around with a co-worker and I never threatened anyone. Then I was accused of pretending to use a flashlight as a Light-saber. This co-worker asked me, "Is that a Light-saber?”. I just responded, "No, but if you think so, ok it is”. I was also accused of placing blue lights on my hand and of acting like I was "Iron-man" as I crossed tracks. The proper way to cross tracks is to look both ways before crossing. When I cross tracks I stop and point in the direction I am looking.
William Fulton BroemerEmployee Benefits LawyerHouston, TX ·
1) Absolutely nothing in the fact you describe would support a lawsuit against your employer. Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause for any non-discriminatory reason. However, an employer generally cannot alter or terminate employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation which you have provided does not include the elements of prohibited discrimination. Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).
2) The right to face one's accuser is a criminal concept. Employment is a matter of civil law. There is no right to face an accuser in employment matters. As described above, the employer may terminate an employee for any reason or none, so the actions of an alleged accuser are irrelevant.
Assuming you were working without a formal written contract, you don't have a claim. Texas is an employment at will state meaning employer or employee can end the work relationship at any time for any reason or no reason as long as there is no legally prohibited discrimination based on age, sex, race, et cetera. No law guarantees a pleasant working environment or one where your sense of humor is appreciated. You should be prepared to find another job.
