Fired for NOT signing new policy and non disclosure
My ex employer whom I was employed for almost 6 years fired me for not signing 2 documents. One being an agreement to changes in the drug/alcohol free workplace that added allowing search of person, vehicles,ect. if someone said a person was using. We already had drug testing in place and I felt that was ample enough to determine use. I felt this was a waiver of the 4th amendment and to fire me for refusing to give up this right was not misconduct as claimed.
This type of agreement needs to be signed prior to or at the time of employment.
The other document was a non disclosure notice that also included allowing the company to use any photograph or voice recording of me and not being responsible for any damages or claims that might arise from that use by them or any contractor they use. I signed this once with UD by my name as I was told sign in or you are fired.
When I refused to sign agreeing to the new drug/alcohol policy they became aware of the other document and demanded I sign that again without the UD before my name.
After being fired, they told the unemployement office I quit. I contested and won in the hearing because I had proof of several meetings and emails showing I did not want to sign it and an email stating we had to sign as a condition of continuos employment.
However, the employer appealed and the Texas Workforce Commission reversed saying it was misconduct. Even the employer did not claim this as the reason for separation. They lied as they stated they would and said I quit.
I am a bit upset that the commissioners aided the employer in changing the reason for termination. I think that is like the judge helping the prosectution. It is unethical and wrong.
I currently have a motion for re hearing alleging I was never giving the oppurtunity to disprove the allegation as it was never raised by the employer and one cannot present evidence for that which he is not aware.
In the meantime, I would appreciate any help in case law that might help me should I get a new hearing.
Thank you.
My ex employer whom I was employed for almost 6 years fired me for not signing 2 documents. One being an agreement to changes in the drug/alcohol free workplace that added allowing search of person, vehicles,ect. if someone said a person was using. We already had drug testing in place and I felt that was ample enough to determine use. I felt this was a waiver of the 4th amendment and to fire me for refusing to give up this right was not misconduct as claimed.
This type of agreement needs to be signed prior to or at the time of employment.
The other document was a non disclosure notice that also included allowing the company to use any photograph or voice recording of me and not being responsible for any damages or claims that might arise from that use by them or any contractor they use. I signed this once with UD by my name as I was told sign in or you are fired.
When I refused to sign agreeing to the new drug/alcohol policy they became aware of the other document and demanded I sign that again without the UD before my name.
After being fired, they told the unemployement office I quit. I contested and won in the hearing because I had proof of several meetings and emails showing I did not want to sign it and an email stating we had to sign as a condition of continuos employment.
However, the employer appealed and the Texas Workforce Commission reversed saying it was misconduct. Even the employer did not claim this as the reason for separation. They lied as they stated they would and said I quit.
I am a bit upset that the commissioners aided the employer in changing the reason for termination. I think that is like the judge helping the prosectution. It is unethical and wrong.
I currently have a motion for re hearing alleging I was never giving the oppurtunity to disprove the allegation as it was never raised by the employer and one cannot present evidence for that which he is not aware.
In the meantime, I would appreciate any help in case law that might help me should I get a new hearing.
Thank you.
