Can your employer fire you by never calling you again?
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Can your employer fire you by never calling you again?
I got fired for damaging company car; I got fired 11 days after the incident and after collecting 2 paychecks. In addition my employer never called me. He told me last Friday that he would call on Sunday to let me know what time I come in Monday (which he normally does). However, he never called me. I called on Monday evening to ask him straight up and after a few attempts at dodging question he finally gave me an affirmative. BTW he told me that he would not give me my last 2 checks that he owed me and that he would sue me for damaging his car if I took legal action. Is this legal?
Asked on August 7, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you need to be scheduled for work and your employer never calls you to schedule you, then you can be fired by never being called. If you don't have to be specifically scheduled, then you can come and keep working until told otherwise (fired).
You employer must give you your last paychecks--employers may only withhold employee checks with employee consent or permission. However, bear in mind that if you were driving carelessly (negligently) when you damaged the car, then your employer may legally sue you for the damage, and he can legally elect to only do so if you institute legal action against him. Depending on the size of your paychecks and the cost of the damage, it may not be worthwhile taking action for your checks; ideally, you should however get the employer to sign an agreement that in exchange for you giving up your claim to the paychecks he gives up any/all claims against you.
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