Can I sue my employer for firing me and not informing me?

UPDATED: Sep 19, 2011

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Can I sue my employer for firing me and not informing me?

I work at a restaurant and they haven’t scheduled me to work in 2 weeks. So they pretty much fired me and didn’t tell me.

Asked on September 19, 2011 under Employment Labor Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Okay you need to take the bull by the horns here and see what is going on.  I am assuming that you do not have an employment contract, correct?  Then you are what is known as an employee at will.  An employee at will means that you can be fired for any or no reason and that you can quit for any or no reason.  If you were fired - and here you might be considered "constructively" fired rather than expressly fired - for a discriminatory reason or any reason that gives rise to a cause of action under the law, then you may be able to sue.  Otherwise, unemployment may be an option.  Good luck.

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