Can my employer fire me over the phone for defending myself from assault in the company parking lot?
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Can my employer fire me over the phone for defending myself from assault in the company parking lot?
I was off the clock.
Asked on April 28, 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 your employer can terminate your employment for this behavior. In most states employment relationships are what is known as "at will", including TX. This means that an employee can choose to work for an employer or not. And an employer can fire an employee for any reason or no reason whatsoever, with or without notice. This means that being "off the clock" has no bearing nor does the fact that you wwre not fired in person.
There would be an exception if there is a stated company policy contrary, or there is a union/employment agreement that does not allow for such action, or this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin). Absent any of the foregoing, your employer's action does not violate the law.
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