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A "Donald Trump" First Employment Act in Texas
One of the most common calls I receive in my office requesting participation employment situations. On a weekly basis I receive a call from someone who was fired in their situation. The call invariably ends with the question, "Can they fire me for that?" About nine out of ten times, the answer is "yes." Texas is essentially a "job at will "state. Basically, this means that unless you have an employment contract can be fired or quit smoking may at any time for any reason or no reason at all. They say that the boss does not like your shoes? It can be fired. Say you do not like the tie that the boss is using? You can leave smoking.
As with everything else in the law, however, there are exceptions. For example, the Texas Supreme Court has ruled that no can be fired for refusing to perform an illegal act. If you refuse to turn over that fifty five gallon barrel of toxic waste into Lake Conroe, your job is still safe!
Also, you can be fired for discrimination based on age. Federal law makes it illegal to discriminate against any person on the basis of age if they are over 39. And yes, in case you're wondering, is a bit depressing to realize that this law applies to me now!
Here's a question interesting: Can you be fired for refusing to take a drug test? Here is a very lawyer-like answer: Probably. Remember, private employers can fire for any reason or no reason at all. If your employer can fire you because I like your shoes, you probably have the right to fire for his refusal to take a drug test. There are some exceptions to this rule, but tend to involve the public employers. (But, honestly, do we really want wandering intoxicated postmen our streets?)
Well, forget the drug test. Can you be fired for refusing to take a lie detector? This is really one of those exceptions I mentioned earlier. Federal law actually prohibits an employer from asking an employee or prospective employee to take a lie detector. It is also illegal to refuse to hire or fire someone for refusing to take the test. There are some exceptions to this ongoing investigation involving an employer in relation to economic loss or theft. But anyway, what fun that the law is if there were exceptions to the exceptions?
What do we do when the laws seem to contradict each other? He had recently a call from someone who was fired by simply stating their opinion on a matter at work. They called me, very annoying, and considered a violation of his right constitutional freedom of expression. I ended up giving them a good news / bad news answer. The good news is that you have a constitutionally protected right to freedom of expression. The U.S. Government can not restrict your right to speak. The bad news is that your employer can fire you to express yourself at work. The First Amendment of the Constitution protects from government attempts to restrict what you say, but does not affect the right of your employer to fire so to speak. Also, the type order your pizza that's probably not all that interested in your views on the Iraq war anyway!
Practical & Creative Writing Lessons : How to Write a Maid of Honor’s Toast
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