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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
In the U.S., most employment is “at-will”, meaning employers can terminate employees for any reason or no reason at all, provided it’s not illegal. However, wrongful termination happens when an employee is fired unlawfully. In Fort Worth, as in other parts of the United States, wrongful termination refers to any situation where an employee is dismissed from employment in a manner that violates federal or state employment laws. This can include, but is not limited to, termination based on discrimination, retaliation, breach of employment contract, or dismissal for engaging in legal activities.
While an employer in Fort Worth generally has broad discretion to dismiss an employee, there are legal guidelines they must follow. If you feel your dismissal was due to discrimination, whether based on race, color, religion, sex, pregnancy, nationality, age, disability or genetic information, it could be a case of wrongful termination. Similarly, if you believe you were fired for whistleblowing, refusing to commit an illegal act, lodging official complaints about workplace safety or harassment, or because the employer breached your employment contract, you might have a wrongful termination claim. Having a lawyer handle your case is crucial for navigating the complexities of local, state, and federal employment laws.
In addition to the federal laws, Texas state law provides additional protections against wrongful termination. Examples include the Texas Labor Code, which protects employees from dismissal for serving on jury duty, filing workers' compensation claims, or reporting illegal activities (whistleblowing). It is important to note that Texas adheres to the "at-will" employment doctrine; however, this does not license employers to dismiss employees for illegal reasons.
Any form of dismissal from employment that violates federal or state employment laws can be considered wrongful termination. Some common examples include firing due to discrimination, retaliation, or a breach of employment contract.
It is strongly recommended. Employment laws can be complex and having a lawyer increases your chances of effectively making your case and receiving fair compensation.
Compensation can vary greatly depending on the circumstances of the case. It can potentially cover lost wages, future lost earnings, job search expenses, stress and emotional suffering, punitive damages, and attorney's fees.
Timing depends on the laws that apply to your specific case. Generally, under federal law, you must file a complaint with the EEOC within 180 days of the date you believe you were wrongfully terminated. Texas state laws may differ and your attorney can provide you with more specifics.
While Texas is an "at-will" employment state meaning an employer can generally terminate an employee for any reason or no reason at all, the reason for dismissal cannot be illegal as per state or federal laws.
For additional information, help, or to file a complaint, you can visit the websites for the Texas Workforce Commission, the Equal Employment Opportunity Commission (EEOC), or the Occupational Safety and Health Administration (OSHA). The State Bar of Texas can also provide assistance in finding an experienced employment attorney.
If you believe you've been wrongfully terminated, it's important to immediately consult with an experienced employment lawyer who can review your case, inform you of your rights, and guide you through the legal process. Time is of essence as the law limits the time within which a claim must be filed. It's also beneficial to compile any relevant documents and information relating to your dismissal.
