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Unlawful termination in Texas?


I was fired from my last job because I'm a graduate student studying an unrelated field. I made this known when I interviewed and was hired, letting the owner know I would only be able to work there 12-18 months. Two months later, I was fired with no notice. I was promised 2 weeks pay as severance, as well as a refund for the uniforms I was required to buy and only wore for a few weeks, but 3 weeks later, I was told the owner changed his mind and I won't be paid until ownership changes next week. Meanwhile, I can only find part time employment. Do I still qualify for unemployment? Can I sue for unlawful termination? I was told that the practice is changing and they want employees who can commit to 5+ years.

I want to sue for compensation. My husband is not a US citizen and doesn't have work authorization here yet, so we depend on my minimal income. We can't afford to pay rent on time this month because of this.

Well I'm sorry to say this but you cant sue. However you can collect unemployment as long as you meet these two conditions:
1) that employment wasn't "terminated by the beneficiary of unemployment" in other words you didn't quit and
2) you are a US citizen who has held a job within the last 2 weeks before seeking unemployment.

on a side note while you can not win a lawsuit for wrongful termination in this case press charges anyway in hopes of a setelment!

You can not sue, an employer can fire you for any/no reason at anytime without notice. Also unless you have to severance pay and uniform reimbursement in writing you will not be getting those. As far as unemployment goes you must be willing to accept any job they find for you (even if the hours interfere with your school. And the unemployment office loves to send you for interviews when they know you have class--you also have to give them a print out of your class schedule which they will verify) so you most likely would not be approved.

You should be able to collect unemployment, if you worked more in the last year, than just that two months.

Two months work history, is not enough to qualify for unemployment.

You have no basis for a law suit, you say wrongful termination.

But employers are allowed to terminate employees at will, for any reason or no reason at all.

The only way you can sue is if you were wrongfully let go or you had a contract. That doesn't sound like the case to me. Anything you do not have in writing may be hard to get them to admit to.

Why would you sue? You'd end up paying more than you'd receive if you'd win. Just go and sign up for unemployment. They will be able to tell you what you qualify for.

Texas is an "at will" employment state... in other words you boss can fire you at any time for any reason.

I'm very sorry that you are broke, (been there, done that, it REALLY sucks) but the fact you are having a hard time paying the rent doesn't give you a claim on anybody else's money.

I doubt that you would get unemployment , as you aren't unemployed. You have a job, just a part time one that pays badly. You can ask the folks at the Unemployment Office, as they would know better than I.

I have no idea how your being a graduate student plays into this....

Good luck.

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