Can your employer terminate your job on a moment's notice for any reason, whether good, bad, indifferent or for no reason at all or not?
This is a yes or no question.
Yes, as long as no laws are violated.
In that case they can't terminate your job on a moment's notice for any reason, whether good, bad, indifferent or for no reason at all.
You must enjoy being wrong.
One of the most common calls I receive in my office are calls involving employment situations. On a weekly basis I'll get a call from someone who was fired regarding their situation. The call invariably ends with the question, "Can they fire me for that?" About nine times out of ten, the answer is "yes.
" Texas is essentially an "employment at will" state. Basically this means that, unless you have an employment contract, you can be fired or you can quit at any time, for any reason, or for no reason at all. Say the boss doesn't like your shoes? She can fire you. Say you don't like the tie the boss is wearing? You can quit.
As with everything else in the law, however,
there are always exceptions. For instance, the Texas Supreme Court has ruled that you cannot be fired for refusing to perform an illegal act. If you refuse to dump that fifty-five gallon barrel of toxic waste into Lake Conroe, your job is still secure!
Also, you cannot be fired for discrimination based on your age. Federal law makes it illegal to discriminate against anyone on the basis of age if they are over 39.
What do we do when laws appear to contradict one another? I recently had a call from someone who was fired for simply stating their opinion about a matter at work. They called me, very upset, and felt that their constitutional right to free speech was violated. I ended up giving them a good news / bad news answer. The good news is that you do have a constitutionally protected right to free speech. The U.S. Government cannot restrict your right to express yourself.
The bad news is that
your employer can fire you for expressing yourself at work. The First Amendment to the Constitution protects you from the government's attempt to restrict what you say, but it does not affect your employer's right to fire you for saying it. Besides, the guy ordering his pizza from you probably isn't all that interested in your opinion on the Iraq war anyway!
Employment Law in Texas
Texas is an "at will employment" state and an employer can fire you for no reason, as long as you are not fired for an illegal reason. If your new manager does not like you, she is within her rights to terminate your employment (assuming there are no illegal reasons - race, creed gender, etc.) for your firing.
Lee Keller King
Sugar Land Litigation Lawyer