If you have been fired for no reason, or without reasonable notice, it is only normal to feel blindsided and overwhelmed. You may be left wondering what your rights are, or what next steps to take. At Galo Law Firm we can assess your case to distinguish if your rights have been violated and what legal options you are entitled to.
When fired from a job, it’s standard to expect communication from your employer regarding the reason behind your dismissal. For an employee, discovering the actual reason why they have been fired can help them understand the potential issues in their conduct.
Texas is an “at-will employment” state, meaning an employer has the legal right to dismiss an employee for any lawful reason. A lawful termination can thus be executed at any time, needless of prior notice. Although it may seem like this doctrine solely shields employers, the policy can be used to protect employees as well.
The key concept is lawful termination. Yes, an employer is entitled to fire an at-will employee without notice, but the reasoning for the firing must always remain lawful. If it comes to light that a firing was done for unjust or unlawful reasons, a wrongful termination claim can ensue.
If you believe you have been fired without cause for illegal reasons, we urge you to seek legal assistance. Our skilled attorneys at Galo Law Firm have over 30 years of experience navigating employment law and can provide you with expert guidance regarding your case.
Under the guise of “terminations without cause”, our attorneys have found countless circumstances of discrimination, sexual harassment, violation of contract, and employer retaliation. If you are a part of a protected class, it is very possible that in the circumstances of being fired for no reason, discrimination may be the underlying factor. Our wrongful termination lawyers can help you understand your rights, build your case, and recover damages if you have been subject to unlawful measures.
Contact Galo Law Firm today to schedule an initial consultation.
Call us at 210-361-8043 today.
Being fired without cause implies that an employee has been let go, but not due to any obvious or stated discrepancies. It can be fully legal to fire an employee without a given cause. Being fired without cause may be due to a business downsizing, a cost-cutting measure, or a company looking to dismiss and replace a current employee.
Being fired with cause typically follows a serious breach of the written employment contract leading to termination. This can be the result of an employee stealing from the workplace, being under the influence at work, lack of attendance, consistent tardiness, poor work performance, violating company policy, or damage to company property.
Unfortunately for at-will employees, employers are not legally bound to explain why the employee has been let go. No law in Texas mandates an explanation for a termination. In the case that an employment contract was in use, it may be contractually required to explain. Yet, most businesses choose to explain an employee’s termination to avoid a lawsuit or to defend the company’s reputation.
Currently, no federal laws exist that order employers to justify why they have chosen to fire a particular worker. The only exception to this is the federal Worker Adjustment and Retraining Notification Act, also known as WARN, which requires any company with more than 100 employees to give working notice before a mass layoff or if the company is shutting down.
Although employers aren’t legally obliged to explain firing in Texas, many businesses voluntarily explain their reasoning for letting a worker go. Employers often do this to avoid a wrongful termination lawsuit, or to maintain a good public image.
Businesses that deny their workers an explanation for why they have suddenly lost their job, typically become viewed as poorly managed and unfavorable places to work. Developing a bad reputation can make it complicated for a business to hire workers in the future. Most companies seek to abate negative perceptions by willfully communicating their reason to terminate.
Depending on the explanation for the employee termination, there can be an influence on a possible legal claim. Firing without cause and declining to give a reason can quickly put the employer under suspicion of illegal motives. On the other hand, offering a justification for the dismissal requires the employee to dispute the reason before claiming wrongful termination.
Many workers find firing without reason suspicious. Contingent on the employment relationship, a worker may speculate that their employer’s omission is due to illegal reasons. This may lead an employee to rightfully investigate the termination. An investigation typically will be conducted with the aid of an employment lawyer and be the preface to a legal claim. To evade this series of events, many companies opt to inform the employee why they have been fired.
Volunteering as an explanation for dismissing an employee can also be a tactful strategy if the business is anticipating a wrongful termination claim. When employers offer a justified reason for the discharge, it is now the work of the employee to indicate falsehoods in the reasoning to move forward with their wrongful termination case.
The difference between being fired without cause and being wrongfully terminated depends on the true reason for the firing. If you believe you were fired for an unlawful reason, seek advice to determine your rights. Keep in mind, there can be strict time limits for the submission of wrongful termination claims and lawsuits.
Many factors can lead to unlawful firing. Any hardworking employee can be susceptible to unexpected termination.
Under the employment-at-will policy, business owners mistakenly assume that they are fully entitled to fire a worker for any given cause. However, state and federal laws indicate that firing an employee for an unlawful reason is against the law and can be penalized.
If a worker has been fired from their job due to discriminatory reasons, it’s necessary to identify the protected class of that individual and the nature of discrimination they have been subjected to. Many discrimination cases involve race, national origin, religion, sexual orientation, gender, and disability.
Forms of discrimination:
If you have been fired from your job for any of the included reasons, or variations of them, we encourage you to seek legal aid from our experienced employment lawyers. Our attorneys will work to assemble a case against your former employer, either helping you get your job back or receiving reasonable compensation for your violated rights.
Although in Texas an employer is allowed to fire a worker for any legal reason at any time without cause, an employee is still entitled to their final paycheck.
In terms of severance, under the Texas Payday Law, a severance package is not due unless it is part of a written contract or employment agreement. It is important to note the difference between severance pay and a final paycheck, because employers may refer to your final wages as a type of severance pay.
Contingent on your employment contract, it is possible that you are entitled to a severance package or termination pay. If the business has specific policies for terminating employees and the company did not adhere to its guidelines, then you may be able to pursue a claim for being wrongfully terminated.
Employees may be looking to reinstate their employment, but an unfairly fired worker may be entitled to compensation. These compensations can be granted as economic damages, compensatory damages, or punitive damages.
If you have been fired from your job without cause, reach out to us at Galo Law Firm today to explore your options. If you harbor suspicions that you have been fired due to discriminatory reasons, employer retaliation, or any other unlawful reason omitted by your former employer we urge you to contact us promptly. Every employee deserves protection from unlawful firings.
At Galo Law Firm we can analyze your specific circumstances, determine what potential damages you are entitled to, and conduct a lawsuit to recover any compensation you are owed. Our legal team has years of experience facing the intricacies of employment law. We understand how distressing losing a job can be, so let our skilled attorneys dispute it for you.
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