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  1. #1
    Join Date
    Sep 2012
    Location
    College Station, Texas, United States
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    2

    Question Can an Employee Change the Reason They Were Terminated

    My question involves labor and employment law for the state of: Texas

    I live in Texas, which I know is a right to work state. I was terminated for non-performance of job duties. I was told that I could speak to someone in the unemployment office to change the reason I was terminated. Is this something I can do, and if so, how do I go about doing it? I have applied for unemployment benefits already and the employer is disputing them. I should be expecting a call this week so I can counter what the employer wrote in the letter. I just do not want that I was terminated on my record, especially when the reason she put was completely incorrect. Any help/knowledge would be appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can an Employee Change the Reason They Were Terminated

    I live in Texas, which I know is a right to work state.
    What relevance do you think this might have to your potential claim? All right to work means is that you cannot be forced to join a union, nor can you be forced to resign from one as a condition of employment.

    I just do not want that I was terminated on my record
    That fact is not going to change. You were terminated. It happens. You can contest your employer's reason, but your status as terminated will not change. When you get your call, you tell your side, and wait for a decision.

  3. #3
    Join Date
    Sep 2012
    Location
    College Station, Texas, United States
    Posts
    2

    Default Re: Can an Employee Change the Reason They Were Terminated

    What relevance do you think this might have to your potential claim? All right to work means is that you cannot be forced to join a union, nor can you be forced to resign from one as a condition of employment.
    I have always been told that in a right to work state that an employer can fire an employee for any reason. Is this not true?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can an Employee Change the Reason They Were Terminated

    Well, yes, but not for the reason you think.

    Right to work means exactly what Missy says it does. It has nothing whatsoever to do with firing people.

    In an employment at will state, which is 49 out of the 50 and occasionally includes the 50th, an employee can quit at any time and for any reason, and an employer can fire the employee for any reason that does not expressly violate the law.

    It so happens that the only US state which is not an employment at will state, is also not a right to work state. All states which are right to work states, are also employment at will states.

    So yes, it is true that in a right to work state, an employer can fire an employee for any reason (that does not violate the law). But it's not because it's a right to work state; it's because it is ALSO an employment at will state. An employer can fire an employee for any reason (that does not violate the law) in a great many states that are NOT right to work as well.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Can an Employee Change the Reason They Were Terminated

    As you've been told, "right to work" means the right not to join a union. It has absolutely nothing whatsoever to do with firing.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can an Employee Change the Reason They Were Terminated

    And what reason does the OP wishes to say the OP got fired for?

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