What Is Wrongful Termination? What Are Your Rights If You Have Been Wrongfully Terminated?
In Texas, as in many states, employment is considered to be “at will.” That means that any employment relationship may be terminated by either the employer or the employee at any time, and for any reason, unless the termination is in violation of a valid and enforceable employment contract, is in violation of the law, or is contrary to public policy. When an employer illegally fires a worker, lets an employee go for reasons that are not consistent with accepted public policy, or ends employment in a way that breaches an employment agreement, that act is referred to as a “wrongful termination.”
Examples of Wrongful Termination
There are many state and federal laws that prohibit adverse employment consequences, including termination, for a variety of reasons:
- The age of the employee, under the Federal Age Discrimination in Employment Act (ADEA) or comparable state laws (protecting workers over the age of 40)
- Race, color, national origin, gender, sexual orientation, gender identity or expression, as protected by either the U.S. civil rights laws or specific state civil rights statutes
- Disabilities, as set forth in the Americans with Disabilities Act
- Pregnancy, as established in the federal Pregnancy Discrimination Act
Retaliatory terminations are also forbidden, including firings in response to:
- A workers participation in any type of whistleblowing, where the worker discloses illegal or wrongful acts of the employer under a right of law
- The filing of a valid workers’ compensation claim
- The refusal of a worker to provide sexual favors
- Any allegations by an employee that a hostile sexual environment has been tolerated, encouraged or allowed in the workplace
- A worker taking legally permitted, unpaid leave from work under the Family and Medical Leave Act
- A worker testifying against an employer in any legal or governmental proceeding
- A worker expressing a political belief
How Is a Wrongful Termination Claim Prosecuted?
Before you can file a civil lawsuit for lost wages and other damages, you must first file an administrative complaint with the Texas Civil Rights Division of the Texas Workforce Commission (TWC). The agency will typically recommend that the parties submit the complaint to mediation (though the process is entirely voluntary). If either party chooses not to go to mediation, the TWC will conduct an investigation to determine whether there was wrongful conduct. Only after the TWC has investigated the claim will you be able to file a civil lawsuit for damages.
The Remedies in a Wrongful Termination Case
If you take your claim to court and win a verdict, there are a number of potential outcomes:
- The jury may find that you are entitled to compensation for lost wages, both past and future
- The court may order your former employer to hire you back
- You may be entitled to an award of punitive damages, intended to send a message to your employer
- You may even get a promotion
When Do You Have to File a Wrongful Termination Claim?
In most instances, you will have 180 days from the date of your discharge to file your claim with the TWC (though it may be extended to 300 days in limited situations).
Contact the Aggressive Employment Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we offer a free initial consultation to every client, including people who have been victims of wrongful termination. For an appointment with a proven employment lawyer, contact us by email or call our offices at 844-402-2992. We will take your call 24 hours a day, seven days a week.