What is Wrongful Termination in Texas?
Wrongful termination occurs when an employer unlawfully terminates an employee's employment. In Texas, there are several grounds for wrongful termination claims. These include:
Violation of Public Policy: This occurs when an employer terminates an employee for refusing to engage in illegal or unethical conduct, or for exercising a legal right, such as filing a workers' compensation claim or reporting a violation of the law.
Breach of Contract: If an employee has an employment contract that outlines the terms of their employment, and the employer terminates them without just cause, this may be considered a breach of contract.
Implied Contract: Even if an employee does not have an express employment contract, they may have an implied contract if the employer's actions or policies create a reasonable expectation of continued employment.
Discrimination: Texas law prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. If an employer terminates an employee based on one of these protected characteristics, this may be considered wrongful termination.
Retaliation: If an employee reports a violation of the law or exercises a legal right, and their employer retaliates against them by terminating their employment, this may be considered wrongful termination.
Important Note:
It is important to consult with an attorney if you believe you have been wrongfully terminated in Texas. An attorney can help you assess your case and determine the best course of action.
FAQs
How to File a Wrongful Termination Claim in Texas: The first step is to consult with an attorney. An attorney can help you gather evidence, file your claim, and represent you in court.
How to Prove Wrongful Termination in Texas: To prove wrongful termination, you must show that you were an employee, that you were terminated, and that the termination was unlawful. This may require gathering evidence such as emails, memos, and witness testimony.
How Long Do I Have to File a Wrongful Termination Claim in Texas: The statute of limitations for wrongful termination claims in Texas is two years. This means that you must file your claim within two years of the date of your termination.
How Much Compensation Can I Get for Wrongful Termination in Texas: If you win a wrongful termination claim, you may be entitled to damages such as lost wages, emotional distress, and punitive damages. The amount of compensation you can recover will depend on the facts of your case.
How to Find a Wrongful Termination Attorney in Texas: You can find a wrongful termination attorney by contacting the Texas Bar Association or searching online.