Wrongful Termination Cases Won in Texas:...

Wrongful Termination Cases Won in Texas: Understanding Your Rights

Wrongful Termination Cases Won in Texas: Understanding Your Rights

Apr 11, 2024 11:54 PM Joaquimma Anna

Wrongful termination occurs when an employer fires an employee for illegal reasons. Texas is an "at-will" employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, there are exceptions where wrongful termination lawsuits have succeeded.

Types of Wrongful Termination Cases in Texas

  • Discrimination: An employer cannot fire someone based on protected characteristics like race, religion, gender, age (over 40), disability, or national origin.
  • Retaliation: Firing an employee for engaging in protected activities like reporting discrimination, filing a workers' compensation claim, or taking protected leave is illegal.
  • Breach of Contract: If an employee has an employment contract or implied agreement (e.g., through an employee handbook), terminations violating those terms might be wrongful.
  • Public Policy Violations: In rare instances, Texas courts recognize terminations that violate a clear public policy, such as firing someone for refusing to do something illegal.

Examples of Successful Texas Wrongful Termination Cases

Case outcomes depend heavily on specific facts. Here are simplified examples:

  • Discrimination: An employee of Middle Eastern descent was consistently passed over for promotions and terminated after complaining about racist comments. They won a discrimination lawsuit.
  • Retaliation: A healthcare worker reported unsafe practices at their facility and was fired shortly after. A court found this to be retaliatory wrongful termination.

Challenges of Wrongful Termination Lawsuits

  • Proving Intent: Employees must demonstrate their employer's unlawful motive. This can be difficult.
  • At-Will Employment: Texas courts generally favor employers in wrongful termination cases.

What to Do If You Believe You Were Wrongfully Terminated

  • Document Everything: Gather any evidence related to your termination, performance reviews, and potential discriminatory or retaliatory behavior.
  • Consult an Attorney: An employment lawyer specializing in wrongful termination cases can assess your situation and advise on your options.

References

  • Texas Workforce Commission - Civil Rights Division 
  • U.S. Equal Employment Opportunity Commission (EEOC) https://www.eeoc.gov/
  • Examples of Workplace Retaliation (FindLaw)

Disclaimer

This blog post offers a general overview and is not a substitute for legal counsel. Employment laws are complex and nuanced. If you suspect you've been wrongfully terminated, seek qualified legal representation immediately.

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