Job termination is an unfortunate aspect of the employment landscape and sometimes can be done illegally. Wrongful termination is an aspect of employment law that individuals should be aware of. Consulting with a qualified Texas employment attorney can lead to legal recourses if it can be proven that you have been terminated in violation of state or federal law.
What Constitutes Wrongful Termination in Texas?
Texas is classified as an at-will state, meaning that an employee can be fired for a good reason, a bad reason, or no reason at all. While this may seem like a catch-all in limiting any action an employee can take after being fired, there are still some instances where a termination can be challenged.
Under the Texas Labor Code, an employer cannot discharge an individual because of race, color, disability, religion, sex, national origin, or age.
Further, the state Labor Code prohibits employers from firing an employee in retaliation for opposing a discriminatory practice, filing a charge against the employer, filing a complaint, or testifying in an investigation, proceeding, or hearing. Lastly, Texas law prohibits employers from firing their employees before fulfilling an employment contract.
Federal laws also protect an employee’s right against wrongful termination, many of which touch on the same liberties detailed in the Texas Labor Code:
- Title VI of the Civil Rights Act of 1964 makes it illegal for an employer to discharge someone based on race, national origin, sex, color, or religion.
- Age Discrimination in Employment Act of 1967 makes it illegal for employers to discharge someone over 40 because of their age.
- Americans with Disabilities Act protects disables individuals against discrimination and dismissal.
- Occupational Safety and Health Administration (OSHA) makes it illegal to fire an employee for complaining about unsafe working conditions or reporting a violation.
While Texas is an at-will state, the Texas Labor Code and federal laws provide employees with many opportunities to challenge their termination. If an employee feels that their discharge is related to a protected right, they may proceed with filing a wrongful termination lawsuit.
How to File a Wrongful Termination Lawsuit
Wrongful termination claims move quickly in Texas. The state requires that a discharged employee file a lawsuit within 180 days from the date of their dismissal. The 180 limit comes from Texas’ statute of limitations, which is the amount of time that an individual is allowed to file a lawsuit after they suffered the harm at issue. In some cases, the limit can increase to 300 days, depending on the employment relationship. Because of this, it is imperative that individuals know the process so they can file a timely claim.
The first step in filing a wrongful termination lawsuit is identifying the grounds of the claim. Whether brought under the Texas Labor Code or one of the federal statutes, an individual must cite the reason for which they are bringing legal action against their former employer. After providing the reason for the termination, the individual then must find evidence in their claim that backs up their claim.
In Texas, wrongful termination lawsuits must be filed with the Texas Workforce Commission (TWC) for state claims. The TWC allow individuals to file in-person, over the phone, or online. Once the claim is received, the TWC then investigates the claim and determines if there is enough evidence to pursue legal action against the employer. If sufficient evidence exists, the commission can issue a “Right to Sue” letter, allowing you to file a lawsuit in court.
What Evidence Do You Need To File a Wrongful Termination Lawsuit?
In Texas, you must provide sufficient evidence to support your claim of wrongful termination. The first form of evidence is showing that an employment relationship exists, which can be in the form of an employment agreement. From there, you must show documentation that proves unlawful termination.
If you are bringing a claim of wrongful termination under the Texas Labor Code, you may submit evidence like relevant emails, performance reviews, or other official employment documents. You can also use evidence such as voicemails, text messages, or any other form of communication that may prove discrimination on the basis of sex, religion, age, color, disability, or national origin.
In addition to documents chronicling the events that led to your termination, you may also submit evidence that shows any emotional and financial damages you may have suffered. Further, obtaining witness statements can strengthen your case against your employer. If colleagues witnessed the unlawful reasons that led to your termination, seek oral or written statements from them as evidence in your case. Though retaliation is an illegal termination tactic under the Texas Labor Code, colleagues may still be hesitant to testify, so approach them with sensitivity.
Conclusion
Employment termination can be a daunting event to overcome. If you feel that your discharge was unjust and illegal, you may have a legal right to bring a lawsuit against your employer to recover damages and protect your rights. Seek guidance from an experienced Texas employment attorney to help navigate you through this process.
Contributions to this blog by Michael Touma.
