Terminated in Texas

[toby_s_clark]

A bit of background, I was the sous chef for a private club. We were bought out by new owners who obviously wanted to turnover staff from top to bottom. I was in the middle. One day during a conversation in my bosses office a pipe fell out of my pocket. I had found it on sight and was trying to find out if it was one of my kitchen guys. I know that many of them smoked pot on their own time, and I didn't mind as long as I didn't "know" about it and they kept it off the job sight. Either way, my boss assumed it was mine. I convinced him otherwise by telling him that I had already asked a few of my staff about it. He asked them if this were true and they said it was. Apology accepted. OK, a few weeks later I called in sick. In over a year of service, I had never called in or been late, but recently had been diagnosed as having low blood sugar. I had a spell and fell injuring myself. Either way, my employer sent the police to my home. I found this to be very unorthodox and personally disliked the manner in which I was treated. After forcing himself in, the police officer made his personal assesment that there was drug paraphanalia in my apartment. Apparantly not enough to give citation or arrest or anything other than that's what he thought. My boss, who had called this officer, read the report and fired me over the phone. Is this a JUST termination? Should I expect unemployment benefits. There is also more along the lines of vacation pay and such that I feel was mishandled seeing as I didn't get any of it, but this is just a starter. Also,I asked to sign my termination paperwork, and get a copy of my personell file and was told no. I mainly want unemployment benefits, and my vacation pay. Where to start?

[Pattymd]

Accrued vacation is not required by law to be paid to terminated employees in Texas. You are also not required to sign any type of "termination" paperwork. Regarding your being able to see your personnel file, Texas does not provide that right to you by law; it is between you and the employer.
Regarding unemployment benefits, all you can do at this point is file. If the employer protests your receiving benefits, the state will make a decision. Then, if you are denied benefits, the notice will tell you how to appeal.

[Texas709]

Pattymd is correct about there being no absolute requirement for the payment of accrued vacation pay in Texas--however, the law does require that IF an employer offers vacation pay (or severance, or sick pay, or ...) as part of a written agreement or written policy, it is wages, and payable IN ACCORDANCE WITH THE POLICY OR AGREEMENT. Check policy manuals, or agreement from initial hiring before you give up on this.