6 ms·
In Texas you don't need reasons to fire someone.
by gameswithgo 6y ago
In Texas you don't need reasons to fire someone.
- wongarsu 6y agoJust because you can fire someone for no reason doesn't mean you can fire someone for any reason. Or to put it another way: just because you can fire someone by rolling dice doesn't mean you can fire someone for being black.
- Filligree 6y agoNothing stopping you from firing someone for being black, then claiming you rolled a dice, however.
- akiselev 6y agoIANAL but I believe juries tend to be biased towards the plaintiff (terminated employee) in wrongful termination suits simply because there are far more low level employees in the jury pool than there are managers, not to mention how expensive it can be to litigate. Hence all the CYA measures like performance improvement plans and so on.
- LiquidSky 6y agoAttorney here who has handled a number of similar wrongful termination claims here. You can try this, but you better have a lot of good, clear documentation backing up your non-discriminatory reason for the firing which, if you're just making it up as a pretense, you probably don't. And if it's found that you did fire for a discriminatory reason and you attempted to lie about that fact, you're opening yourself to a world of hurt.
- PeterisP 6y agoYou can claim that you rolled dice, but that won't be sufficient - the distrimination law explicitly puts the burden of proof on the employer to demonstrate that the firing was because of a non-discriminatory reason, so if it's just the employer asserting that it was because of dice and the employee asserting that it was because of race, then the employer automatically loses unless they have convincing evidence to state their case. That's part of why you'd often see lots of HR bureaucracy regarding firing process, documenting infractions, performance improvement plans, etc also in states where technically you can be fired without a reason.
- sp332 6y agoIf they make the job impossible or dangerous, it might at least count as "constructive termination", so they'd be eligible for unemployment.
- snagglegaggle 6y agoTrue but the list of reasons that allow you to fire someone without paying unemployment is limited. They're trying to avoid paying out unemployment by saying he failed to show up for a shift but even sans-COVID firing after one absence is abnormal.
- justaguy88 6y agoWhy would firing make someone ineligible for unemployment? That seems silly
- californical 6y agoQuitting your job makes you ineligible for unemployment -- that's why the company called it their "resignation"
- iso1210 6y agoWhy does it matter to the company if you claim unemployment benefits?
- deleted 6y ago[deleted]
- phonon 6y agoUnemployment taxes for a company scale based on historical claims from that company. More Unemployment Benefits paid out = more future UI taxes paid by that employer. It's meant to be a self-funding system.
- ivalm 6y agoTo expand on what phonon said -- UI tax rate is company specific and depends, in part, on how much UI is paid out to company's employees.
- iso1210 6y ago