In Texas, employment is generally considered to be at-will, meaning employers have the right to terminate employees for almost any reason, or for no reason at all. However, this does not grant employers the freedom to dismiss employees in violation of federal or state laws. Wrongful termination occurs when an employee is fired for reasons that are illegal, such as discrimination based on race, gender, age, or disability, retaliation for reporting workplace violations or whistleblowing, or breach of an employment contract. Understanding the nuances of wrongful termination is crucial for employees who believe they have been unjustly fired and are considering filing a claim
Determining If You Have a Case
The first step in filing a wrongful termination claim is determining whether your dismissal meets the criteria for wrongful termination under Texas law. This involves examining the circumstances surrounding your termination. If you were fired shortly after filing a complaint about workplace safety, reporting discrimination, or participating in an investigation against your employer, there might be grounds for a retaliation claim. Similarly, if you were terminated due to your race, color, religion, sex, national origin, age, disability, or genetic information, this could constitute discriminatory termination, which is illegal under both federal and Texas state laws.
Gathering Evidence
Once you suspect that your termination was wrongful, the next critical step is to gather evidence to support your claim. This evidence can include any documents or communications that illustrate the circumstances leading up to your dismissal. Emails, text messages, performance reviews, and any written correspondence from your employer that pertains to your termination can be invaluable. Additionally, if there were any witnesses to incidents of discrimination or retaliation, their testimonies can provide substantial support. Keeping a detailed record of events, including dates, times, and descriptions of incidents, will strengthen your case.
Filing a Complaint with the Appropriate Agency
In Texas, before you can file a wrongful termination lawsuit in court, you are typically required to file a complaint with the appropriate government agency. For cases involving discrimination, this would be the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division (TWC-CRD). The process generally involves filling out a form that details your claim and submitting it within a specific timeframe. For the EEOC, complaints must be filed within 300 days of the alleged unlawful employment practice, while the TWC-CRD has a 180-day filing deadline.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Undergoing the Investigation Process
After filing your complaint, the agency will review your submission and decide whether to proceed with an investigation. During this phase, the agency may request additional information from you and your employer. It is not uncommon for the agency to attempt mediation or settlement discussions between you and your employer to resolve the dispute without formal legal action. If the agency finds sufficient evidence to support your claim, it may issue a Right to Sue letter, allowing you to file a lawsuit in court. If the investigation does not yield sufficient evidence, you still have the option to pursue a private lawsuit once you receive the Right to Sue letter.
Filing a Lawsuit
With the Right to Sue letter in hand, you can proceed to file a lawsuit against your employer in state or federal court. It is highly advisable to seek legal representation at this stage to navigate the complexities of the legal system effectively. Your attorney will help you draft a complaint that outlines the facts of your case and the legal grounds for your claim. They will also guide you through the pre-trial procedures, such as discovery, where both parties exchange information and evidence relevant to the case. Throughout this process, your attorney will work to build a compelling case to present before the court.
Preparing for Trial
As your case moves towards trial, preparation is key. This involves working closely with your attorney to develop a strategy that highlights the strengths of your case while anticipating and mitigating potential weaknesses. Your attorney will prepare you for what to expect during the trial, including the types of questions you might be asked during testimony. Witnesses who can corroborate your claims may be called to testify, and witnesses may be utilized to provide professional opinions on aspects of your case. The goal is to present a persuasive narrative that convinces the judge or jury of the validity of your wrongful termination claim.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Potential Outcomes and Remedies
The outcome of a wrongful termination lawsuit can vary widely. If you prevail in your case, potential remedies may include reinstatement to your former position, back pay for lost wages, compensation for emotional distress, and punitive damages if your employer’s conduct was particularly egregious. In some cases, the court may also order your employer to pay your attorney’s fees and court costs. Even if you do not win at trial, a settlement may be reached at any point during the litigation process, providing you with some form of compensation for your wrongful termination.
The Importance of Legal Representation
Navigating the process of filing a wrongful termination claim can be daunting, especially when dealing with the emotional aftermath of losing your job. Having a knowledgeable attorney by your side can make a significant difference in the outcome of your case. An attorney with experience in employment law will understand the intricacies of Texas wrongful termination laws and can provide invaluable guidance and support throughout the entire process. They will advocate on your behalf, ensuring that your rights are protected and that you have the best possible chance of achieving a favorable outcome.
How Chavez Law Firm Can Assist You
If you believe you have been wrongfully terminated, the Chavez Law Firm is here to help. Our experienced attorneys are dedicated to fighting for the rights of employees who have been unjustly treated. We understand the complexities of wrongful termination cases and are committed to providing you with the personalized attention and legal experience you need. We will work diligently to gather evidence, file the necessary complaints, and represent you in court to ensure that you receive the justice and compensation you deserve. Contact Chavez Law Firm today to schedule a consultation and take the first step towards holding your employer accountable for their actions.