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Do I have a case if I feel I was let go from my job?

This legal question related to labor & employment law attorneys in San AntonioTexas has been answered.

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I was the Quality Assurance Manager for a company, Industrial Inspection & Analysis (IIA) Nuclear Services, which performs exams in nuclear power plants.  I was recently out on an assignment in Tennessee and returned to the San Antonio office on November 23rd.  I received an email from the General Manager that same day for me to attend a meeting titled QA.  The meeting consisted of the General Manager, Director of Operations, and myself.  The General Manager informed me that I was been let go effective immediately due to not adhering to the following:

  •  1) Not adhering to IIA Standards (I never received what those standards were)
  • 2) Not having all of our procedures updated (It takes time to update procedures, I need other sources to ensure accuracy)
  • 3) For receiving a finding in an internal audit
  • 4) For receiving deficiencies in an external audit (those efficiencies were found to be insignificant, according to the auditor)

I have never received any writes ups from HR.  HR was not even present at the meeting.  I contacted HR on December 1st and have not received a reply.  Later that evening on the 23rd, the General Manager sent an email to all employees stating I resigned, however, I did not resign.  I found out that they had an opening for my position posted on a website titled NDT Jobs 28 days before the termination meeting.

I would like to know if I have a case or if I'm wasting my time.

 

Kind regards

Karl Shaffer

(704)-692-9568

[email protected]

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Legal Solution

The response provided below is specific to labor & employment law attorneys in the jurisdiction of San Antonio. If the response is inadequate, please submit a detailed inquiry.

Potential Wrongful Termination: San Antonio's Labor and Employment Context

Based on the details you've provided, there seems to be potential concerns related to your dismissal, particularly regarding the stated reasons for your termination and the process followed. Before moving forward, you should be aware of the relevant legalities surrounding employment termination in San Antonio.

Relevant Laws and Resources

Potential Solutions

Given the presented situation, the following steps might be worth considering:

  1. Documentation: Gather all relevant documents, including emails, performance reviews, and any communication that might shed light on your termination's true motives.
  2. External Audit Findings: Given that the external audit deemed the deficiencies insignificant, this could be a crucial piece of evidence, suggesting that the reasons given for your dismissal were either exaggerated or not valid.
  3. Legal Counsel: Engage with a labor and employment lawyer from San Antonio to get tailored advice and understand the potential strength of your case.
  4. Mediation: If you're open to an amicable resolution, consider seeking arbitration and mediation attorneys to help mediate between you and your former employer.

Costs in San Antonio for Legal Services

Service Average Price
Consultation with a lawyer $250 - $400
Document review $500 - $800
Full representation in wrongful termination case $5,000 - $15,000
Mediation services $1,500 - $4,000
Arbitration services $3,000 - $7,000

Note: Prices in San Antonio can vary based on the lawyer's experience, firm size, and complexity of the case. It's essential to get detailed quotes before engaging in any services.

Clarifications and Action

Given the circumstances, it's crucial to get more specific details about your employment contract, any previous warnings, and the procedures your employer follows for termination.

Take action: If you believe your rights have been violated, don't hesitate. It's paramount to find the right lawyer who can guide you through this complex situation.

Relevant Questions for You

  1. Employment Contract: Did you have a written employment contract, and if so, were there specific termination clauses? Understanding your employment contract can provide insights into whether any clauses were breached during your termination.

  2. Previous Warnings: Were you given any prior written or verbal warnings regarding your performance or the specific reasons mentioned for your termination? This helps determine if the termination was sudden or if there was a build-up of issues.

  3. Communication: Were there any discussions or communications regarding training, expectations, or improvement opportunities before your termination? Understanding the communication dynamics can shed light on the employer's intent and whether they provided you a fair opportunity to rectify any alleged shortcomings.


How does Texas define "wrongful termination"?

Texas is an "at-will" employment state, meaning either party can end the employment relationship at any time. However, an employer cannot terminate an employee for reasons that violate federal or state discrimination laws or in retaliation for specific protected activities.

Can I claim unemployment benefits after being terminated?

Yes, if you believe you were wrongfully terminated or laid off through no fault of your own, you may be eligible for unemployment benefits through the Texas Workforce Commission.

What if my employer offers me a severance package?

Severance packages are not required by law but can be offered by employers. Before accepting, it's wise to consult with a lawyer to ensure you understand the terms and aren't waiving any rights unknowingly.

Is there a statute of limitations for wrongful termination claims in Texas?

Yes, depending on the nature of the claim (discrimination, retaliation, etc.), there are different time frames within which you must file a lawsuit, ranging from 180 days to a few years.

What are potential remedies if I win a wrongful termination case?

Remedies can include back pay, reinstatement, front pay (future lost wages), compensatory damages for emotional distress, punitive damages, and attorney's fees.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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