In the State of Texas, when an employer fires an employee in a way that violates federal law or Texas law, a worker may be able to file for wrongful termination. In order to file a complaint for wrongful termination, a worker will need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC).
This applies especially in cases involving retaliation, harassment, or discrimination. It is important to be aware that, in Texas, employment is at-will, which means an employer can, in general, fire an employee for any reason that is not prohibited by the applicable laws.
If the EEOC or TWC cannot resolve the issue, the agency will issue a right-to-sue letter, which allows the worker to file a lawsuit. It is important to have a lawyer consultation as soon as possible, as there is a statute of limitations for wrongful termination in Texas.
This means there is a time frame in which you have to file a lawsuit for wrongful termination, which a lawyer can explain based on the unique aspects of each case.
What Is Wrongful Termination?
There are certain things your boss can’t legally do when terminating a worker. Wrongful termination is an employment law concept that arises when a worker is terminated by their employer for a reason that is unjustified, illegal, or contrary to public policy.
There are numerous examples of when terminating a worker is unlawful, including firing the worker for reasons that violate local, state, or federal laws, as retaliation for filing a workers’ compensation claim, and when the termination goes against the policies and procedures of the employer.
Another common example of wrongful termination is when a worker is terminated because they filed a complaint against their employee, or that they were a whistleblower. Workers are legally entitled to file a claim against their employer without facing discharge.
Wrongful termination cases can also include other types of claims, such as breach of the employment contract if the way the worker was terminated violates the contract. A Texas lawyer can help an individual understand whether their termination was wrongful.
How Do You Prove Wrongful Termination?
The evidence that will be used to prove a claim of wrongful termination will be different for every individual, depending on the facts of their specific case. Generally, it is important for a worker to gather documentation related to their termination and why it was wrongful.
This includes evidence showing that they were employed and the terms of their employment, such as their employment contract or the company’s policy manual. It can also be helpful to show, under unfair performance review law, that the quality of the worker’s job performance may not have matched their performance reviews.
It is also important for a worker to gather documentation of their salary, wages, or other benefits and monetary losses that they suffered because of their wrongful termination. A Texas attorney can help a worker understand what type of claim they have and what evidence they will need to prove it.
How Can You File a Complaint Against Your Employer in Texas?
As noted above, an individual should file their wrongful termination complaint with the EEOC or TWC. Claims can be submitted on the EEOC website, local EEOC offices or at a state Fair Employment Practices Agency (FEPA).
The agency will investigate the situation surrounding the termination. After this investigation, the EEOC may file a complaint against the company, or the agency will provide a right to sue letter to the worker, allowing them to file a lawsuit against the employer for unfair treatment.
If a worker believes they were wrongfully terminated for a reason that does not involve discrimination that is prohibited under the law, an individual may be able to go to civil court and file a lawsuit for wrongful termination.
Can You Sue for Being Wrongfully Terminated?
Yes, in some situations, an individual may file a lawsuit against their employer if they are wrongfully terminated. These lawsuits can include claims in more than one legal area.
For example, a worker can claim their employer breached the terms of their employment contract and wrongfully terminated them. Other examples of the types of claims that may be included are fraudulent concealment and wage and hour violations.
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What Damages Can You Receive From a Wrongful Termination Lawsuit?
There are certain damages that a worker may be able to receive if they have a successful wrongful termination claim. In many wrongful termination cases, plaintiffs request monetary damages to compensate them for their lost wages, pain and suffering, and attorneys’ fees.
If the employer’s conduct related to the termination was particularly outrageous, they can face punitive damages, which are intended to punish the employer and prevent future similar conduct. It is important to note, however, that attorneys’ fees and punitive damages are not typically awarded.
It is common for lawyers to represent their wrongful termination clients on a contingency fee basis. This means the lawyer does not get paid unless they win the case and they take a percentage of the settlement or award their client receives.
A worker may also be able to request types of equitable damages, if they would rather. This may include being reinstated to the position from which they were terminated.
If a case involves discrimination, federal laws include a cap, or limit, on the amount of compensatory damages a worker can receive. In Texas, the cap amount is based on the number of employees and ranges from $50,000 to $300,000.
How Much is a Wrongful Termination Lawsuit Worth in Texas?
In Texas the value of a wrongful termination lawsuit can vary greatly, depending on numerous factors. There is not an average or common amount, but typically ranges anywhere from $5,000 to $100,000 or more.
The factors that can have an influence on the value of a wrongful termination claim include the worker’s salary and benefits, the nature of their termination, the extent of their losses, the strength of their evidence, the size of the employer, whether both parties have legal representation.
Do I Need a Texas Lawyer To File a Wrongful Termination Claim?
If you think you have been wrongfully terminated in Texas, it is essential to consult with a wrongful termination attorney in Texas. As discussed above, these cases can involve several types of claims, including breach of contract.
Your Texas attorney can help you through gathering evidence, filing a claim with the proper state agency, and filing a lawsuit if you need to. Your lawyer will also be able to explain the possible outcomes of your claim.
You can use LegalMatch for free to find a Texas wrongful termination lawyer near you in as little as 15 minutes who is ready to help you resolve your issue. Once you submit your concern online, you will receive responses from licensed member lawyers in your area of Texas who can help.
These messages you receive will include information about each Texas attorney’s education and background, fee arrangements, and reviews from other clients. Many of these lawyers will also give potential clients free consultations, or initial meetings, which will allow you to meet with and get information from multiple lawyers before you decide who best fits your budget and needs.
