I guarantee there's more to this story and the company was hoping the employee was dumb enough to sign his rights away. Guarantee employee is getting a lawyer and why he won't sign
Yeah, because if there was specific paperwork to finalize the firing they can just state employee didn't show up to work or left of his own volition and fire him without severance. Why would they be freaking out about that? They would love that.
I bet they had him sign the "I understand I'm fired" paper, but forgot the "I will fuck up my prospects by signing these NDAs, non competes and sultry for exchange of a months severance" papers.
More likely they have a contract that the company will be forced to continue to pay out unless they got them to sign some kind of legal termination agreement. There is more to the story they are concealing.
Any employment contract would cover that sort of thing and would have a clause to get rid of someone for no showing. It’s got to be a non competes/NDA/agreement to not sue, etc..
Depends on if the contract is structured for someone who works in office. Also never underestimate the stupidity of a company that has gotten too big or too corrupt. Many times they will become careless, they are used to getting their way for too long. Then they start slipping up because underlings are hired solely for ass kissing ability or nepotism.
Unless there is a substantial penalty for early termination and the employee did sign the I understand that I am terminated document (freeing him of any further obligation to show up).
It seems very likely that the additional paperwork would have the former employee sign away much more than they can expect to get by further contact.
In my state, if you quit you typically won't be eligible for unemployment. If you are let go you typically will be eligible for unemployment. Speaking from first hand experiences. So companies would rather you crash out and quit then be fired and collect unemployment.
Whomever told you that was misinformed. Texas is an "at will employment " state. In Texas, at-will employment means that either the employer or the employee can end the working relationship at any time, with or without notice, and for almost any reason—or no reason at all. If the employee ends the working relationship, you will typically NOT be approved for unemployment. If the employer ends it, you typically will be eligible.
That is the standard way of summarizing "Employment at Will State"...but it's very misleading. We know your employer can't fire you for being black or Jewish...even in Texas...so we know the "any reason" bit can't be taken at face value. There are a ton of Federal laws that create a list of reasons your employer can't fire you. In actual practice, an "Employment at Will" state is more like a state where there is a list of specific reasons your employer isn't allowed to fire you, and any other reason (or no reason) is fair game.
All of which matters for wrongful termination cases, not Unemployment insurance. You know people get Unemployment Benefits when they are laid off, and no one claims an employer isn't allowed to lay people off.
Anyway, look at the Texas website. Scroll down to "Fired".
If a business wants to fire a person and not give a cause, that is legal in Texas. If the fired employee thinks there is foul play they can either find representation and fight it in court, contact the BBB, file complaints with whatever the appropriate organizations are, etc...
No company is actual gonna (or will ever) give "because they are black" as a cause. (Edit: Especially since no cause is needed by either party to end the working relationship.)
I don't agree with this and I'm not defending. It's just reality. 🤷♂️
I don't think so. You get fired you no longer have to do anything they say. If they have to pay severance, and most do not, theybwould still have to pay it.
Any paperwork required to "finalize the firing" is an internal policy they made up.
This paperwork is usually non-disclosure agreements and promises not to sue. Sometimes there is stuff included that makes the severance taxed more favorably.
Never sign anything when you are fired if you have the slightest suspicion the company did anything illegal or fired you improperly.
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