As a Human Resource Manager in Texas I have some experience in this
area. However, note that I am not providing legal or any other kind of
guidance. Indeed, my comments are offered with the same disclaimer
that Google provides at the bottom of this page.
txinfonut is mostly correct. However, there may be some recourse
available to you. For instance, what is the reason that you can't work
overtime? If it's due to an illness that's covered by FMLA, and
overtime isn't an essential job requirement, then you may be protected
by FMLA.
While Texas is an "at will" employment state, most companies can't
terminate your employment without just cause. As a practical matter,
this is particularly true if you're a blue-collar worker. So what
constitutes just cause you ask. It could be performance related,
attendance related or due to economic reasons to name a few.
You might ask to see your job description. If it makes not mention of
overtime, and required overtime is a new requirement, then you have
some points on your side. Did the overtime requirement apply to
everyone in your job classification? If not, then that would also be
in your favor.
In the end you will still have an uphill battle. Mostly because you're
unemployed and therefore you probably don't have an income. Hence you
can't afford to pay an attorney. The best advice I can offer you is to
see an attorney who specializes in wrongful terminations. Most
attorneys offer a no-charge initial consultation. They'll listen to
your case, and very often offer some free advice. If they feel you
have a strong case they may offer to take your case on a contingency
basis. |
