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Wrongful Termination Lawyers
Although most American employees are employed “at-will” and can be dismissed for any reason — or no reason at all — a number of federal and state laws prohibit firing for discriminatory reasons, as well as retaliation for reporting certain illegal activity. In addition to these legal safeguards, most states also have a “public policy” exemption that protects workers who are dismissed in a manner that endangers the public. Employees will be less likely to disclose such risks if they can be terminated for talking about an impending hazard to public health.
Exceptions to the general rule are rarely codified as formal laws; rather, they are enforced — and sometimes expanded — on an ad hoc basis by courts. If you’ve been relieved from your position because you did “the appropriate thing” (or for refusing to do the improper thing), but you don’t have a strong statutory case, a public-policy claim may be your best bet for justice. Such action is often known as a wrongful termination lawsuit and might help you get your career back on track
Texas Wrongful Termination Lawyers can hand your wrongful termination. Whether you were fired for refusing to do something unethical or reporting co-worker misconduct, our attorneys can assist you in obtaining justice. contact us at (888) 997-2148 for a free case evaluation.
Call us today to get started. You are standing up for what is right. Someone who will stand by your side is needed.
The Laws Of Wrongful Termination In Texas
Wrongful termination is one of the most frequent claims brought by employees against employers in Texas. Because there is a plain English definition of “wrongful termination” and a legal definition of “wrongful termination,” understanding wrongful termination may be difficult.
Most employees who are fired claim they were terminated without cause or justification. The employee did nothing wrong (like misconduct) and there was no business-related event that justified the discharge (such as an economic downturn leading to a layoff).
A wrongful termination claim may be filed when an individual is terminated without cause in some jurisdictions. In some situations, a wrongful termination action may be brought by an employee who has been unjustly dismissed. Unfortunately for Texans, Texas is not a “for cause” state; instead, it is an employment-at-will state.
When a Texas employee says they have been “wrongfully terminated,” it’s not what they mean. What they’re really saying is that their employment was “illegally” ended. In Texas, an employer may not terminate a worker illegally based on their race, religion, age, disability status or retaliation. For example, terminating an employee because she found out that she was pregnant or because she made a workplace safety complaint are both examples of just cause terminations that fall under the purview of Title VII’s “just cause” standard.
In Texas, finding a law that makes the employer’s conduct illegal is usually required in order to pursue a Wrongful Termination claim against your employer. An employment lawyer from Texas Wrongful Termination Lawyers can tell you whether your wrongful termination was legal and, if so, what options exist.
What Are Some Examples Of Unlawful Causes For Wrongful Termination?
There are several unlawful reasons why an employer might terminate a worker. One of those is:
- Medical conditions
- Genetic information
- Marital status
- Race, color, national origin
- The employee is over age 40
- Military or veteran status
- Gender, sex, gender identity, gender expression, sexual orientation
- Physical or mental disability
What If An Employee Is Fired In A Wrongful Manner, But There Is No Law To Protect Them?
Because of the state’s limited employment legislation safeguarding employees, many people who are unjustly terminated have no legal remedy. We look to contracts (such as offer letters or collective bargaining agreements) or an employer’s in-house regulations if there is no specific law prohibiting the employer’s behavior.
For example, many institutions have implemented the practice of allowing terminated workers to appeal their termination. A panel of three employees hears the termination appeal. We may still be able to represent an employee in the internal appeal in order to overturn a termination even though there is no legislation making it illegal.
The internal complaint process is also increasingly popular among government employers, such as school districts and city departments. Local government employment appeals in Texas generally follow three phases. The first is a conversation with a supervisor, the second is a meeting with an executive, and the third is a hearing before a governing body (such as a school board).
Even if no formal legislation exists, there may be legal or other types of remedies that allow an employment lawyer to fight for reinstatement or financial compensation.
What Are The Penalties And Compensation For Wrongful Termination Lawsuits?
Many employees wonder if it’s worth their time to sue their former employers for wrongful termination. Many people believe that the case would take too long and that they would lose money in the long run. It’s always a good idea to get an employment lawyer’s advice before making this decision.
If the court finds you were unjustly dismissed, you may be eligible to receive compensation. Most importantly, you could get your job back, receive future pay, and be paid punitive damages.
With the aid of a competent Texas wrongful termination lawyer, you may seek justice for yourself by pressing charges against your employer. contact Texas Wrongful Termination Lawyers immediately.
How Long Do I Have To File A Wrongful Termination Claim?
You must file wrongful termination claims within the relevant time limit. The statute of limitations is the amount of time a plaintiff has to bring a lawsuit after suffering harm. Statutes of limitation are frequently determined by the type of claim. If you had an employment contract, this may affect your deadline. The statute of limitations generally begins on the date of termination.
In most situations, the statute of limitations is 180 days from the date of termination for filing a claim. If you work in Texas, you should file a claim with the Texas Workforce Commission (TWC). There is no limit to the amount of days employees can be kept on suspension, according to some cases. This is why it’s critical to move swiftly after your termination. Make sure you save any paper trails.
You can sue your employer after filing a claim with the relevant agency. You must file your claim lawsuit within two years.
How Can A Wrongful Termination Lawyer In Texas Help?
It is always in your best interests to consult with a Texas employment attorney about your wrongful termination claim. These claims are tough to prove because of their complexity. To successfully navigate the procedure, you’ll almost certainly need the assistance of an experienced lawyer.
An employment lawyer can assist you in gathering the evidence you need to support your claims. To succeed in a wrongful termination lawsuit, you must first establish the elements of a claim. An employment attorney will keep track of all necessary paperwork as it is submitted to the proper government department. Furthermore, they negotiate on your behalf. Finally, they also appear in court on your behalf.
How Do You Prove Wrongful Termination?
A plaintiff in a wrongful- termination suit must establish each category of the claim in court. The employee must show that he or she was an employee. The employee must demonstrate that he or she was terminated from their job. Alternatively, the employee may be deemed “constructively” terminated.
In addition, lawsuits for these sorts of termination situations must meet additional standards.
- Harassment claims
- The employee must prove they were fired because they made a complaint against harassment
- Discrimination Claims
- The employee must prove membership in a protected class. Discrimination was the motivating factor for their termination
- Public policy claims
- First, the employee must prove they were fired for one of the protected reasons according to public policy such as
- Refusing to break a law or violate a statute
- Exercising constitutional rights
- Reporting the violation of a statute or law in order to benefit the public
- Performing a mandatory or statutory obligation
- Breach of contract claims
- The employee must prove they had a contractor with their employer. They must show evidence their termination violated the provisions of that contract.
- These claims include those based on a violation of company policies or the terms of a labour union.
- If your contract states reasons for which you may be fired, your employer can only fire you for those reasons.
Contact Texas Wrongful Termination Lawyers
Please contact Texas Wrongful Termination Lawyers for a free case evaluation. if you believe that you have been a victim of wrongful termination by your employer or that your employer is about to terminate you without cause or justification. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.