Like many states, in Texas, employees work at will. Therefore, if you were fired for going to jail in Texas or another personal reason, then, your employer likely did nothing wrong.
What Is an At-Will Employee?
An at-will employee is any worker that can be dismissed without warning and just cause for the firing. Employers do not need a reason to fire you.
Exceptions to Termination for At-Will Employees
Employers cannot terminate at-will employees due to race, color, sex, pregnancy, age, religion, national origin, disability, genetic information, citizenship status. This is a federal law, but Texas has its own law which forces employers with at least 15 employees to comply with it.
In addition to discriminatory reasons, a Texas employer cannot fire you if it was done in retaliation for you exercising your right or it violates your employment contract. Due to these rules, it may seem unfair, but an employer is likely justified in hiring you for going to jail unless the firing also had to do with some of the illegal reasons mentioned here.
Be Upfront With an Employer
If you have been charged with a crime, but not convicted, it may be a good idea to talk to your employer before you do. Clearing the air about a possible conviction may help you keep your job or get a better idea of whether you will need to look for work sooner than later.
Remain professional and calm when you talk to your supervisor while you explain your situation. Reassuring of your strong work ethic and providing a few details about the situation may go a long way at helping you keep your job.
Get a Free Legal Evaluation in Texas
Getting fired for going to jail can be too much to handle especially if your situation was caused by a DWI , BWI, or intoxication assault. If you believe your firing was unjust, you do not have to deal with criminal charges and a job loss on your own. Consult with a lawyer in Texas who can determine whether you have grounds to file a wrongful termination claim.
Contact us at the Law Offices of Randall B. Isenberg so we can discuss your options and the best way to fight to protect your rights. We are here for you and ready to pursue justice on your behalf.
Employment law can be complicated, so the best way to be sure if you can take action is to talk to our firm. Call us today at 214-696-9253 to get a free, no-obligation case evaluation. A member of our bilingual staff is available to answer your questions 24 hours per day, seven days a week.
Link to: Can You Lose Your Job In Texas If You Get A DWI?