Employees wrongfully terminated in TX may be looking for options to procure compensation for the negative financial consequences they suffered. A wrongful dismissal can make it hard for an employee to recoup professionally and economically, so workers seek reparations from the former employer in court. Before pursuing unlawful termination charges against former employers, a wrongfully fired employee should look into employment laws and the procedure for filing a claim.
Learning what to do when wrongfully fired from jobs can help employees to navigate the legal process successfully. Employees unsure if a law was broken may question, “What is wrongful termination?” Wrongful termination in Texas occurs when the employer uses a reason that is against a federal or state law to dismiss a worker.
To learn more about being wrongfully terminated from jobs and how to pursue legal action against a former employer, examine the sections below:
- Types Of Illegal Termination in Texas
- Types Of Legal Termination in Texas
- At-Will Employment Exceptions in Texas
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in Texas
- Filing a Lawsuit Against Your Employer in Texas
Texas Unemployment Resources
Types of Illegal Termination in Texas
Employers commit one of the types of illegal termination of employment in TX when an employee’s dismissal is due to discrimination or retaliation. The types of illegal dismissal of employment that violate discrimination laws are terminations due to the employee’s age, gender, nationality, religion or disabilities. Furthermore, other types of unlawful terminations occur when an employer fires a worker because he or she is receiving worker’s compensation or has an open legal claim against the company.
When an employee suspects their employer of committing one of these types of unlawful terminations from employment, he or she may have grounds for legal action. The types of illegal terminations in Texas mentioned above violate a federal or state law, and courts may grant employees who file a claim against the former employer compensation for this unlawful offense. By identifying one of these types of illegal firing, an employee has created a cause of action to pursue the case.
Types of Legal Termination in Texas
Several types of legal termination of employment in TX do not infringe upon employees’ rights. These types of legal dismissal of employment can occur when an employee reaches the end of his or her contract with the employer or has displayed poor performance on the job.
Common legal reasons for terminating employees in Texas also include the downsizing of the workforce within a company or closing of the business in its entirety. When an employer claims these types of legal firing, it can be difficult for an employee to pursue a case. These types of legal terminations in Texas are not against the law, making legal action impossible to pursue for terminated employees.
At-Will Employment Exceptions in Texas
What is employment at will? Although there are exceptions to at-will employment, almost every state in the country recognizes the at-will employment law. It declares the relationship between employer and employee to be “at-will” and either party can terminate this association at any time, for any reason within the law.
Is Texas an at will state? One of the three exceptions to at-will employment is under recognition by the state and Texas permits at-will employment. The only at will employment exceptions in Texas includes the public-policy exception, which disallows an employer to fire an employee if a public policy will be violated.
Other exceptions to at-will employment not obeyed by the state include the implied-contract exception (no employee can be fired when an implied contract is active) and the covenant of good faith and fair dealing exception (employers must always treat employees fairly and with good faith).
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Texas
You should begin by researching how to file a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) if an employer wrongfully terminated you. Filing a charge of discrimination in Texas in person is available at the Dallas district office, or you can mail or phone.
You must file a wrongful termination discrimination charge within 180 calendar days of the illegal firing. Before you start the process for how to file an EEOC employment discrimination claim, take a moment to complete the EEOC’s online assessment to ensure your claim is valid and the agency will investigate.
After you file a wrongful termination discrimination charge in TX, the EEOC may first attempt a settlement between you and your former employer through the mediation program. This usually takes approximately three months to complete.
If it does not end with a successful conclusion, the EEOC may move on to a voluntary settlement. If your employer cannot cooperate and agree to a voluntary settlement that satisfies both parties’ needs, the EEOC may assign its own legal staff to file a wrongful termination discrimination charge lawsuit against your employer. The EEOC may also choose to grant you the Notice of Right to Sue your former employer.
Filing a Lawsuit Against Your Employer in Texas
Before filing a wrongful termination claim against employers in a court of law, you must first receive the Notice of Right to Sue by the EEOC. If you plan to file a lawsuit against employers for wrongful termination and the EEOC granted you the right to sue, you should start gathering appropriate evidence that will support your claim. You must prove the case by providing crucial evidence like employment documents and records, as well as the testimonials of co-workers and other witnesses.
Can I file a lawsuit for wrongful termination in Texas successfully? When filing a wrongful termination claim against employers, terminated workers only have one chance to prove their case through evidence and explanation. If you are concerned with how to file a wrongful termination lawsuit and win the compensation you are seeking, you should consider hiring an attorney.
Last Updated: October 18, 2022