If you were fired in El Paso and suspect the real reason was discrimination, retaliation, FMLA-protected leave or another legally protected leave, a qualifying disability accommodation request, a workers’ compensation claim, or another legally protected activity, the evidence surrounding the decision can matter as much as the termination itself. Chavez Law Firm helps employees in El Paso, Texas, evaluate workplace records, timelines, communications, witness accounts, and the reasons employers give for ending employment.
Wrongful termination cases often depend on a pattern of evidence rather than a single document. Chavez Law Firm looks at the full sequence: what your performance history showed before the dispute, what you reported or requested, who knew about it, what changed afterward, how similarly situated employees were treated, and whether the employer’s explanation matches its own records.
What Counts as Wrongful Termination in Texas? 
Texas generally follows the employment-at-will rule. In many situations, an employer may fire an employee for a lawful reason or for no stated reason. At-will employment does not give an employer permission to fire someone for an unlawful reason.
A termination may raise legal concerns when it is connected to unlawful discrimination, retaliation for reporting discrimination or harassment, FMLA-protected leave or another legally protected leave, a qualifying disability accommodation request, or protected workers’ compensation activity. The applicable law depends on the facts, the employer, and the activity involved.
You can review the firm’s wrongful termination information at https://chavezlawfirm.law/wrongful-termination/.
For additional background on Texas employment-at-will and wrongful discharge, see the Texas Workforce Commission at https://efte.twc.texas.gov/wrongful_discharge.html.
The central question is usually not whether the firing felt unfair. The issue is whether the facts support a connection between the termination and a legally protected reason.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
The Employer’s Stated Reason for Firing You
Start with the explanation your employer gave. A termination letter, separation notice, disciplinary form, human resources email, unemployment response, or statement from a supervisor may identify the official reason.
Preserve every version of that explanation. If an employer first says you were fired for poor performance, later says your position was eliminated, and then gives another explanation during an investigation, those differences may be relevant.
The same concern can arise when the employer’s explanation conflicts with its own documents. If the company claims you had a long record of poor performance but your recent reviews were positive, the inconsistency may deserve closer examination.
Performance Reviews and Disciplinary History
Your performance reviews and disciplinary history can help establish what changed before the termination. Useful records may include:
- Performance evaluations
- Written warnings
- Performance improvement plans
- Attendance records
- Productivity reports
- Awards or bonuses
- Positive emails from managers
- Records showing when discipline began
Consider an El Paso employee who receives positive reviews for several years, reports discriminatory comments to human resources, and then receives multiple write-ups within a short period for conduct that had never been criticized before. That sequence does not prove retaliation by itself, but it creates a timeline that should be compared with the employer’s stated reasons and policies.
For information about workplace retaliation, visit https://chavezlawfirm.law/employer-retaliation/.
Emails, Text Messages, and Workplace Communications
Emails, text messages, and workplace communications can show what managers knew, when they knew it, and what they said before the firing. Relevant evidence can include workplace chat messages, meeting notes, calendar invitations, or written instructions.
A message does not need to admit an illegal motive to have value. A supervisor may complain that FMLA-protected leave creates staffing problems, criticize you for contacting human resources, question why you reported harassment, or pressure you to abandon a workers’ compensation claim. If discipline or termination follows, those communications may help establish context.
Keep only materials that you are legally entitled to possess. Do not remove trade secrets, private customer data, protected medical information, or confidential company records that you have no right to keep.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Evidence of Complaints or Other Protected Activity
If your claim involves retaliation, evidence of complaints or other protected activity can help show what occurred and when the employer learned about it. Relevant records may include:
- Written discrimination or harassment complaints
- Emails to human resources
- Disability accommodation requests
- Family and Medical Leave Act paperwork
- Qualifying wage or overtime complaints protected by applicable law
- Protected workplace safety complaints
- Workers’ compensation documents
Write down when you made the complaint or request, who received it, what happened next, when discipline started, and when you were fired.
Close timing can support a retaliation theory when it appears alongside other evidence, such as hostile comments, sudden discipline, inconsistent explanations, or different treatment of employees who did not engage in protected activity.
You can learn more about employment protections in El Paso at https://chavezlawfirm.law/el-paso-employment-law-attorneys/.
For more information about Family and Medical Leave Act protections, visit https://chavezlawfirm.law/family-and-medical-leave/.
Evidence That Other Employees Were Treated Differently
Evidence that other employees were treated differently can help test whether the employer applied its rules consistently.
Suppose your employer says you were fired for attendance problems. If similarly situated employees with comparable attendance records received warnings instead of termination, that difference may matter. The same analysis can apply to performance standards, safety rules, or conduct policies.
The comparison needs to be meaningful because employees may have different supervisors, job duties, disciplinary histories, or circumstances. Do not improperly access another employee’s confidential personnel information.
Witness Statements and Coworker Testimony
Witness statements and coworker testimony can identify facts that never appear in company documents. A witness may have heard a manager make discriminatory comments, complain about your protected leave, criticize your complaint to human resources, or say that your workers’ compensation claim was causing problems.
Write down the names and contact information of people who personally observed relevant events. Note what each person saw or heard and approximately when it occurred. Firsthand knowledge is more useful than rumors.
Policies, Handbooks, and Selective Enforcement
Policies, handbooks, and selective enforcement can help show whether the employer applied workplace rules consistently. Employee handbooks may explain how the employer says it handles attendance, discipline, leave, accommodations, complaints, investigations, or progressive discipline.
A company’s failure to follow its policy does not automatically make a firing illegal. Selective enforcement can still be relevant. If the employer claims a rule required immediate termination but the written policy allows lesser discipline, that inconsistency may deserve review.
Save the version of the policy or handbook that applied during your employment if you lawfully have access to it.
Job Postings and Replacement Evidence
Job postings and replacement evidence may help test an employer’s explanation for the termination.
If the employer says your position was eliminated but soon advertises a nearly identical job, assigns your duties to a replacement, or announces that another employee has taken over your role, those facts may be relevant.
Replacement evidence does not prove an illegal motive on its own. It can become more meaningful when combined with timing, comments, prior evaluations, and inconsistencies in the employer’s explanation.
Build a Detailed Timeline
A detailed timeline can connect separate pieces of evidence into a clear sequence. Create one while the details are fresh.
Include:
- Dates of complaints or reports
- Leave or accommodation requests
- Performance reviews
- Disciplinary actions
- Significant supervisor comments
- Human resources meetings
- Changes in schedules, duties, or pay
- The termination date
- Every reason given for the firing
A timeline can help you identify missing documents and explain the sequence to an attorney without relying only on memory.
Evidence is strongest when documents, timing, witness accounts, and the employer’s explanation point to the same sequence of events.
Keep Evidence of Your Financial Losses
Evidence of your financial losses may become relevant if a wrongful termination claim is legally viable.
Keep pay stubs, W-2 forms, benefit records, unemployment records, job applications, interview records, and information about replacement income. These records do not prove why you were fired, but they may be relevant when damages are evaluated.
Possible remedies depend on the law and the facts. No specific recovery can be promised.
What Should You Do After a Suspected Wrongful Termination?
After a suspected wrongful termination, preserve lawful records before access to workplace systems disappears. Save the employer’s stated reason for firing you, write your timeline, identify witnesses, and keep copies of relevant communications.
Do not alter documents, delete unfavorable records, or take confidential files that you are not authorized to possess.
Be cautious before signing a severance agreement, release, resignation, or settlement document. Employment claims can have different administrative and court deadlines, and some filing periods can be short.
For a broader discussion of Texas wrongful termination issues, visit https://chavezlawfirm.law/understanding-wrongful-termination-in-texas/.
You can also review Family and Medical Leave Act information from the U.S. Department of Labor at https://www.dol.gov/agencies/whd/fact-sheets/28a-fmla-employee-protections and retaliation guidance from the U.S. Equal Employment Opportunity Commission at https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-retaliation-and-related-issues.
Talk With an El Paso Employment Lawyer About Your Evidence
An El Paso employment lawyer can review the pattern of facts surrounding a disputed termination. An attorney can compare your performance history, complaints, timing, employer explanations, policies, witness accounts, and treatment of other employees to determine which evidence may matter.
Chavez Law Firm handles employment law matters for employees in El Paso, Texas, and offers case evaluations. You can review Attorney Enrique Chavez, Jr.’s background at https://chavezlawfirm.law/attorney-enrique-chavez-jr/ or request a case evaluation at https://chavezlawfirm.law/contact-us/.
You can also call (915) 995-5777 to discuss your situation. Bring your termination documents, recent evaluations, disciplinary records, relevant messages, pay records, policies, and a written timeline to the consultation.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
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