Is it wrongful termination if I was fired for being a no call/no show but was not guilty of this?
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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 13 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".
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