Is it wrongful termination if I was fired for being a no call/no show but was not guilty of this?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it wrongful termination if I was fired for being a no call/no show but was not guilty of this?

I called and texted my manager about not having a ride the other morning. She said that she would pick me up. She told me to find another ride or not worry about it because of the weather; she was running super late herself. So I had spoken with and texted my manager about the situation (so not a no call) and then I showed up a bit late but she knew that and then she vouched for me (so I showed up as well). So I did call and show and my manager vouched for me but was still fired for no call/no show.

Asked on February 5, 2011 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I'm afraid that you have no legal recourse here for wrongful termination.  The reason is that most employment relationships are "at will"; meaning that you can choose to work for an employer or not and an employer can hire or fire you for any reason or no reason.  While seemingly unfair it's the law.  Exceptions to this would be if this action was not allowed by the terms of an employment contract, union agreement, or official company policy statement.  Also, discrimination must not have played a role in your termination. 

Note:  Since you have proof to dispute a claim of no show/no call, you cannot be denied unemployment due to termination "for cause".


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption