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A really bad day today...but I had somewhat of an epiphany today

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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-07-11 03:33 PM
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A really bad day today...but I had somewhat of an epiphany today
It is something I will talk about at a later date...but, I was researching "constructive discharge" in Texas.

While reading the statutes for constructive discharge and defamation, it finally hit me.

While I know the obvious reasons employers like "at will employment"...there is one thing that I found in this statute that makes it REALLY obvious how it can harm an employee.
>>>snip
http://www.twc.state.tx.us/news/efte/other_employment_litigation.html
this includes the so-called "doctrine of compelled self-publication", when an ex-employee who is given what amounts to a defamatory reason for discharge is forced, by virtue of needing to tell the truth, to repeat the defamation to prospective new employers (see, for example, Chasewood Construction Co. v. Rico Construction Co., 696 S.W.2d 439 (Tex. App.-San Antonio 1985, writ ref'd n.r.e.); for an alternative view, see Doe v. Smith Kline Beecham Corp., 855 S.W.2d 248 (Tex. App.-Austin 1993), modified, 903 S.W.2d 347 (Tex. 1995).). For this reason, the employer must be very sure of its facts before telling an employee that he or she is being discharged for a particular reason, and even if the employee is given a frank explanation of the reason, the explanation should be as matter-of-fact and non-inflammatory as possible.

So...basically, the way I read this is for an employer to ATTEMPT not to tell an employee why they are being let go so that there isn't any recourse under this statute for drawing unemployment, and if they are FORCED to tell them then try to make it bland so that the employee cannot college unemployment.



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