In Webb County, Texas workers who have been fired wrongfully have the legal right to take action against their employers. Employees may be entitled to financial compensation for their lost wages, compensatory damages for their suffering, and even punitive damages against their employer.
Below we will discuss the nature of wrongful termination in Webb County, Texas, and the path to acquiring compensation in a wrongful termination case. If you fear you’ve been subject to wrongful termination in Webb County, The Galo Law Firm can help. We can evaluate your case and advise you on the best course of action following an unjust firing.
Under Texas law, the at-will employment doctrine allows both employees and employers to end the employment relationship without warning, as long as it is for a lawful reason.
This may initially seem like it grants an employer protection for firing whoever, whenever. However, the key factor in at-will employment is that the reason behind a termination must always be legally sound. Terminations based on discrimination, retaliation, or other unlawful reasons can be seen as wrongful termination in the eyes of the law.
Although the at-will doctrine may at first seem to justify any firing if you feel you have been wrongfully let go from your job, seek advice from a Texas-based employment attorney to assess the legality of your termination.
According to at-will employment, employers can fire an employee without giving any notice or reason. Even if the employee follows the company’s orders to a T, they can still be fired “at will”.
However, the at-will employment doctrine has its exceptions. Agencies such as the Equal Employment Opportunity Commission (EEOC) and Texas Workforce Commission (TWC) have established policies that protect employees against workplace discrimination. These regulations defend employees from discriminatory acts based on their sex, gender, race, color, national origin, disability, veteran status, sexual orientation, or religion.
Similarly, there are laws in place to protect employees from being punished (formally known as retaliation) for participating in protected actions, such as reporting workplace discrimination or violations. With these protections in place, employees can exercise their rights without the fear of being fired for it.
It is also illegal for an employer to break the terms of an employment contract, or ask an employee to take part in any activity that goes against state or federal laws.
If you have experienced any of the above situations, we advise you to reach out to our wrongful termination attorneys. Our legal team is committed to protecting workers´ rights in Webb County and the greater Texas area.
At The Galo Law Firm, we have confronted many circumstances of wrongful termination.
Below are the most common instances of wrongful termination:
If you have been fired for any of the discriminatory above reasons, The Galo Law Firm knows how stressful and confusing it can be. However, you have options to defend your rights. Our lawyers specialized in wrongful termination can fight for justice on your behalf.
After losing a job, a fired employee may question if going through a lawsuit is worth all the time, energy, and emotional stress.
However, if it can be established that unlawful motives were involved in the termination, that employee can be eligible for financial compensation. This includes compensation for lost wages, back pay, future pay, punitive damages, and even reinstatement to the former position.
Potential damages may include:
Wrongful termination cases can be tricky to prove, and employers tend to have an upper hand with their resources. Getting an expert employment lawyer on your side can help you fight for your rights and get the compensation you deserve.
For all claims, it must be established that there was an employment agreement and that the employment ended due to termination. When it comes to wrongful termination cases, you need to determine which type of claim your circumstances fall under. To support the claims made, an employee must provide credible proof.
Protected class status extends to people of a specific sex, gender, age, race, color, nationality, and religion, and it is considered discriminatory when employment actions are based on these factors. If you are worried that you have been subject to employment discrimination, you need to verify that you are part of a protected class and that your firing was directly due to your protected class status.
An employer can respond to such allegations with justified reasons for a firing, which then requires the employee to further demonstrate that the termination was indeed due to discriminatory reasons.
Retaliation is when an employer takes adverse action against a worker for participating in an action protected by law. Protected actions include reporting sexual harassment or other workplace violations, forming a labor union, taking medical leave, serving time in the military, and conducting an investigation on workplace conditions. Employees are entitled to these protected actions without the threat of losing their job.
To prove a wrongful termination case based on retaliation, an employee must prove that they participated in a protected action, were wrongfully terminated due to that action, and that there is a definite connection between the employment termination and the action. If you have filed any complaints or reported any unlawful practices and thus faced repercussions for it, you will be safeguarded under public policy.
An employer can respond to such allegations by providing a legitimate reason for the firing. Then, for an employee to defend their case, they must be able to disprove the reason provided by the employer. Otherwise, the dismissal can be considered legitimate.
If you reported workplace harassment to your manager or higher-ups and were subsequently fired, you must prove that the termination was connected to the complaint made. Under these circumstances, an employee must demonstrate that a complaint was made and that they were fired within a short period following that complaint.
If your employer wrongfully broke your contract agreements, you will need to prove a few things. First, that a valid contract was in place between you and your employer, and second that your employer terminated the employment.
In Texas, before taking a wrongful termination case to court, an employee must file a claim with the EEOC or TWC. These agencies recommend attempting mediation with your employer before resorting to filing a claim. If your employer rejects a mediation process, the agencies can investigate your claim for unlawful action. After receiving the results from the investigation, an employee may file a wrongful termination lawsuit.
Like many claims and lawsuits, a wrongful termination claim must be filed within a certain timeframe known as the statute of limitations. In Texas, the period for filing a wrongful termination claim is 180 days from the date the employee was fired. This limit can extend to 300 days depending on the case and type of employment held.
Failing to file a claim within the given period can disqualify an employee from taking action against their employer. With the limited amount of time, it is crucial to take immediate action after termination. To strengthen your case, document all relevant information following your termination and review your case with a qualified employment attorney to speed the process.
Fortunately, many employment cases are settled outside of court, either through mediation or negotiation. If your case does go to court, it can take up to a year before the lawsuit concludes. The majority of the waiting time (up to six months) will be to hear back from the agency with which you initially filed your claim, whether that is the EEOC or the TWC.
If you have been fired from your job due to discrimination, retaliation, or any other unlawful reason, reach out to The Galo Law Firm today. There are many laws in place that protect employees from mistreatment by their employers. Let our lawyers, specialized in employment law, assess your situation and provide you with knowledgeable and in-depth advice.
Wrongful termination is not only unfair, but it can also be a serious violation of the law. Employees subject to unlawful firings deserve respect from their employers along with compensation for their suffering.
The Galo Law Firm consists of highly qualified attorneys equipped to defend workers’ rights against any employment law issue. Our lawyers are committed to protecting our client’s rights, and fighting to claim the maximum compensation possible. At The Galo Law Firm we recognize that each case is unique, and suddenly losing a job can be life-altering for an employee and their family.
Reach out to our law firm today to begin reviewing your case. Dealing with a wrongful termination alone can be seriously overwhelming, let our legal team help guide the way.
Speak with a wrongful termination attorney today. Give us a call at 210-361-8043 for a no-cost consultation today.
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