Texas is an “employment-at-will” state, meaning an employer may terminate an employee at any time for legitimate reasons. A lousy or no reason may be used as legal grounds for termination. However, wrongful termination—which can result in a legal claim—is when an employer terminates an employee for an illegal cause and, for that, get help from an Austin employment discrimination attorney.
How can someone prove wrongful termination?
According to many federal and state regulations, there are several instances in which firing someone is unlawful. Even so, it may be challenging to establish wrongful termination in Texas, and various criteria are considered when deciding whether an employee will get compensation. Essential actions to follow in this procedure include gathering all the evidence, demonstrating each requirement for a wrongful termination claim, and submitting paperwork to the appropriate government body.
What should I do if I believe my termination was wrongfully motivated by discrimination or retaliation?
An employee who has been unlawfully dismissed in Texas must file a claim before the statute of limitations expires, or they may forfeit their ability to seek compensation. The period of time an employee has to initiate a lawsuit after experiencing the relevant injury is known as the statute of limitations. The statute of limitations often begins on the date of the employee’s termination in wrongful termination situations. The statute of limitations for filing a claim with the Equal Employment Opportunity Commission (EEOC) and/or the Texas Workforce Commission (TWC) is typically 180 days from the date of termination; however, in rare situations, this period may be extended to 300 days from the termination date.
An employee must first show that an employment connection existed between them and their employer, that their employer ended this relationship, or that their employment was “constructively” terminated in order to establish wrongful termination.
What constitutes a discrimination-based unfair termination?
Discrimination based on race, national origin, religion, sex, handicap, or age is a factor in most cases of wrongful termination. An employee must (1) be a member of a protected class, (2) have their job performance meet their employer’s reasonable expectations, (3) have experienced an adverse employment action, and (4) have similarly situated employees who are not members of their protected class receive preferential treatment from the employer in order to have a wrongful termination case based on such discrimination at a first impression.
What constitutes wrongful termination based on retaliation?
An employee must (1) participate in protected behavior, (2) experience an adverse employment action, and (3) demonstrate a causal link between the protected activity and their termination to have a case for wrongful termination based on retaliation at a first impression.