Retaliation for seeking other employment
I know that Texas is an at-will state, but is it legal to be laid off after an employer finds out an employee is seeking other employment?
My manager received a reference survey from another company and when he informed the V.P., he was told by the V.P. to include negative information so that I would not leave. The manager wrote a glowing report despite the V.P.'s instructions. Three days later I was laid off due to a "reduction of force".
I was informed my position would not be filled, but it has come to my attention that another employee has taken over my position.
Do I have any legal recourse for what I feel is retaliation for my seeking other employment?
Answers (1)
Texas law is very pro-business when it comes to the rights of employees. Well over 90 % of the individuals who lose their jobs every week have no right to legally challenge the termination. Generally, Texas employers can fire Person X for a good reason (X stole money from the coffee fund), or fire Person Y for a bad reason (like nepotism, favoritism, stupid managment), or no reason at all.
There are very, very few exceptions, and yours does not sound like one of them. If you truly believe that the person who made the decision for your company was retaliating against you because s/he found out that you were looking for another job (and did not have some hidden agenda -- like racism, religious differences, or the like), then your only legal option is to file for unemployment compensation. I hope that instead of doing that the other company hired you. If you think there was a hidden agenda, read about your rights at www.workplacefairness.org.
posted by Margaret A. Harris | Jul 28, 2002 10:41 PM [EST]
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