There are many different reasons that an individual may have to sue their employer. Employers are prohibited from engaging in discrimination, harassment, and many other types of conduct.
There are numerous different state and federal laws that may apply in a workplace, including:
Texas lawyers can provide their clients with advice on all of these laws, which ones apply to their workplace, and information on suing my employer in Texas. There are both state and federal laws that prohibit conduct such as discrimination and sexual harassment.
There are also laws that govern workers’ compensation issues when someone is injured at work. There can also be other applicable personal injury laws, depending on the facts of the case.
If a worker is trying to establish a union at their workplace, federal laws will apply that provide rules for what employers and workers can do during a union organizing campaign. If a union already exists and a worker has an issue, they will likely need to submit their issue through labor union grievance procedures.
The parties may also be working under a project labor agreement, which defines the rights and duties of the employer and workers on construction sites. Workers and employers may also enter into employment agreements that will outline the rights and duties of the parties involved.
On What Grounds Can I Sue My Employer?
There are numerous different grounds a worker can use to sue their employer, which will be discussed below.
Sexual harassment
Under the law, there are two types of sexual harassment that occur in a workplace, including hostile work environment sexual harassment and quid pro quo harassment. With hostile work environment harassment, conduct in the workplace creates an environment that prevents a worker from completing their job duties.
Quid pro quo harassment claims arise when employees in positions of power who have the ability to make decisions about another employee requests sexual favors in exchange for benefits, promotions, or other job benefits.
Discrimination that violates the Americans with Disabilities Act
This is a federal law that prohibits discrimination based on a worker having a disability. An employer cannot take negative actions against workers, such as demotion or termination, because of their disability. Under this law, employers are also required to make reasonable accommodations for disabled workers.
Discrimination that violates the Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees with up to 12 weeks of leave for certain medical reasons. While they are on leave, their employer has to provide them health care benefits and keep their position or an equivalent position for them when they return.
Discrimination that violates the Uniform Services Employment and Reemployment Rights Act (USERRA)
Under the USERRA, an employer has to give a worker a leave of absence, up to five years, when a worker is not at work because they are performing duties in United States military services. Employers are required to give the worker the same position they would have had if they were present during their leave.
Violations of occupational health and safety regulations
The Occupational Health and Safety Administration (OSHA) is a federal agency that oversees and enforces federal laws that require employers to provide workplaces that are not hazardous to their health or safety. Workers have the right to speak up when something in the workplace threatens their health or safety without facing retaliation.
Federal laws provide workers with numerous rights, such as being trained in workplace health and safety in a language they understand, working with safe machinery, and being given necessary equipment to make their work safe. Employers are prohibited from terminating or otherwise retaliating against workers who file OSHA complaints.
If a worker is retaliated against, they can file a whistleblower complaint with OSHA within 30 days of their employer’s retaliatory conduct.
Workers’ compensation
Workers’ compensation provides funds to workers who are injured at their workplaces. Every state has an agency that oversees the state’s workers’ compensation laws. An employer has to provide these benefits regardless of which party caused the injury.
If an employer does not provide these benefits, the injured worker can file a claim with the Texas Workers’ Compensation Board to obtain payment. An employer cannot retaliate against the worker who filed a workers’ compensation claim.
Retaliation for whistleblowing
Employers cannot engage in illegal retaliation for whistleblowing. Whistleblowers are workers who report illegal or unethical conduct by an employer.
Breach of employment contract
An employer may be sued for breach of employment contract if they do not fulfill their obligations under that contract. For example, if the employer does not provide a worker with the salary that was specified in the contract, it would be considered a breach.
Violation of the Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act outlines numerous requirements employers must follow, including paying workers at least the minimum wage. Some workers are exempt from federal minimum wage requirements. Additionally, employers must pay workers overtime pay for any hours they work over 40 hours a week.
Under the FLSA, workers can file claims if their employer violates this law. In these cases, a worker may be able to recover back wages and compensation for wage or overtime violations.
Wrongful termination
Wrongful termination arises when a worker is terminated by their employer in a way that violates the law. For example, if a worker is terminated for performing a civic duty, such as jury duty, their termination is wrongful.
There may also be other available claims for a worker, depending on the facts and circumstances of their case. To find out what claims they may have, a worker should schedule a legal consultation in Texas.
What Evidence Do I Need To Sue My Employer in Texas?
If a worker has a dispute or issue with their employer in Texas, there are several forms of evidence they can use to support their claim, including:
- Their job description
- The employment handbook
- Their performance evaluations
- Any disciplinary documents
- The employee’s responses to any administrative charges
- Communications between the worker and their employer, such as emails, memos, text messages, and other communications
- The employment contract, if applicable
A Texas lawyer can help an individual determine what documents may be helpful to support their claim against their employer.
What Is the Legal Process for Suing an Employer in Texas?
The first step a worker in Texas should take if they need to sue their employer is to consult with a lawyer. A Texas attorney can help a worker even when they have to file claims with their employer or an agency before they can file a lawsuit.
A lawyer will help make sure that the worker meets all of the requirements and deadlines and submits supporting evidence to ensure their complaint is not dismissed. Evidence issues in any type of claim can be complex and subject to numerous rules in order to be admitted.
It is also important for workers to be aware that many companies have lawyers employed who handle claims or lawsuits that are filed against them. Having an attorney can greatly increase a worker’s chance at having a successful claim against their employer.
What Compensation Can I Recover Under Texas Law?
When a worker sues their employer, there are different types of compensation they may be able to recover. The most common type of damages are compensatory damages, which are monetary damages that compensate the worker for their financial losses due to their lost wages, lost benefits, and loss of future earnings.
A worker may also be able to recover equitable damages, or damages that are not monetary. This may include being reinstated to their position, the company having to revise its policies, or other non-monetary steps that may need to be taken.
Do I Need a Lawyer for Help With a Workplace Dispute?
If you are a Texas worker who has any type of workplace dispute, it is essential to reach out to a Texas workplace lawyer. Your workplace attorney can help you throughout the complaint process against your employer, from internal processes to a formal lawsuit, if necessary.
You can use LegalMatch’s no cost lawyer matching services to find a Texas workplace attorney who can help you today. It will only take you about 15 minutes to submit your question or dispute on the website and start getting responses from lawyers in your area.
