What Is Wrongful Termination
Wrongful Termination Attorney
Most employees are reluctant to make waves specifically because of the fear of backlash. Some employers take advantage of this, keeping workers under their thumb with threats and following through to retaliate against those who do cry foul. A Wrongful termination Attorney will be happy to look into the details of why you were fired and whether or not it could have been a problematic situation at your workplace.
“Wrongful termination” is a general term that is used for any illegal termination. Many terminations may be morally or ethically wrong but not illegal. You should have a board certified employment lawyer review your case to see if your wrongful termination was in illegal termination. If you were illegally terminated, you may be eligible for some form of compensation.
Common Types of Wrongful Termination
Wrongful termination, unfortunately, occurs more frequently in the workplace than many would like to think. It is not right and is not legal. If you believe you could be the victim or wrongful termination, keep reading to see if you might fit the bill for some of the most common types of wrongful termination. Even if you do not fit this criteria, reach out to a lawyer to look deeper into your case. Here are some common types of illegal termination:
- Race Discrimination: All employees should be treated fairly at work, regardless of their race. If you believe that you were fired solely on your race, you may have a wrongful termination lawsuit on your hands. In order to have a successful claim for wrongful termination based on race, you must have sufficient proof. For instance, if your boss made offensive comments about your race before your termination, you should inform your lawyer.
- Age Discrimination: The Age Discrimination in Employment protects workers 40 and over from wrongful termination based on age. However, that doesn’t stop all employers from attempting to fire workers due to their age. They may believe they can get younger workers for cheaper and get rid of their older employees.
- Retaliation Over Workers’ Compensation Claim: If you get injured in the workplace, you have the right to file for workers’ compensation benefits. These benefits can pay for your medical bills and lost wages. Unfortunately, however, some employers become angry when their workers file for workers’ comp and retaliate against them. If your boss fired you after you filed for workers’ compensation, you should speak to a lawyer.
- Whistleblower Retaliation: If you reported your company for illegal or unsafe practices and were immediately fired, you may be the victim of wrongful termination. The Whistleblower Protection Act prohibits employers from firing employers for reporting unlawful behavior.
- Reporting Sexual Harassment: While no employee should ever have to put up with sexual harassment, it still occurs in the workplace. If you complained about being sexually harassed and were fired afterwards, you should consult a lawyer.
- Pregnancy Discrimination: Employers are also prohibited from terminating employees for getting pregnant. However, some still try to get rid of pregnant workers because they believe they won’t be able to perform their work duties anymore. If you lost your job after informing your employer of your pregnancy, seek legal counsel.
If you feel that any of these apply to you — or anything else for that matter — you need to contact a wrongful termination attorney from Roger Davie P.C. right away. We can take a deep dive into your case to see if you may be able to win a lawsuit against your company or could even get a settlement payout without having to go to court. We can give you advice every step of the way and help you navigate through this difficult situation.
You Have Rights
You should have the right to be who you are without having a company punish you for it. Whether it is due to the way you look, what your religious beliefs are, or anything that is not harmful to others but may deem you as “different” or a minority, you should not be retaliated against for it. You deserve to feel comfortable and safe in your workplace being the person you are. There are laws that protect your rights, so it is crucial to hire a wrongful termination attorney in Texas if you believe there were illegal reasons you were let go. Even if you are unsure, it is better to be safe than sorry. You have every right to contact an attorney to look into the details for you. The attorneys at Roger Davie, P.C. will be happy to go over your case with you to see if we should move forward with a lawsuit.
What to Do If You Were Wrongfully Terminated
If you were wrongfully terminated, you likely feel shocked and upset. However, you don’t have to stand for this. You can file a wrongful termination lawsuit. An experienced attorney can help you file this lawsuit in a timely manner and protect your legal rights. Your attorney will look into all of the details regarding when you were fired, what your company said to you when you were let go, and other pertinent details to your case.
Contact a Wrongful Termination Attorney Today
If you’re the victim of wrongful termination, you should schedule a consultation with a reputable lawyer today. Call to connect with Roger Davie P.C. so that you can go over your case and figure out what steps to take next. We will help you every step of the way so that you can feel confident that you are getting the treatment you deserve. Contact us as soon as possible so that you can get justice for your termination.
What is wrongful termination in Texas?
Because Texas is an employment at will, the employer can legally fire an employee for any reason that is deemed lawful at any time. But the employer cannot fire an employee if they have no legal reason, and if an employee is fired for an unlawful reason it is considered to be wrongful termination.
You can reach out to a wrongful termination attorney in El Paso, TX today if you think that you are fired for an unlawful reason.
What are some unlawful reasons to terminate an employee?
Some of the unlawful reasons an employer may try to terminate an employee are listed below. This is not a complete and exhaustive listed assembly for examples of some of the most common situations that wrongful termination lawyers see when they are dealing with people who have been wrongfully terminated from their jobs.
- If somebody is pregnant and they are fired from their job for their pregnancy, this is typically done because the job does not want somebody who is going to need to leave. Furthermore some jobs view women with children to have less time to work because this woman is taking care of her child and may take days off that she typically would not have done if you don’t have a child in her possession.
- If you have a medical condition and you are fired from their job, then this would be considered wrongful termination. Jobs that do this are trying to avoid dealing with insurance bills, and they are trying to avoid people missing work because jobs let’s face it, want you to work , they do not want you to miss work.
- If you have genetic information about yourself, whether this is your family history including incest or otherwise, a job may discriminate against you for this because they do not agree with whatever is in your history. This follows closely with religious status, and religion can be another discriminatory factor that gets people fired from jobs.
- You may be fired because of your race, color, national origin, marital status, or even your age. You could also be fired because of your gender, sex gender identity, gender expression, sexual orientation, military or veteran status or physical and mental disability.
Often times you must be able to prove that the discrimination was unlawful, and while some of these reasons seem very straightforward and clear, there are some lesser obvious reasons to be wrongfully terminated.
This is not a full one exhaustive list, it is merely a list of common examples:
- If you are fired in retaliation for being a whistleblower
- If you are tallied against for filing or reporting a complaint
- For your political beliefs or affiliations
- If you must appear in court as a witness in a crime and you are a victim of a crime
- If you need time off the is otherwise allowed by federal law such as family medical leave act
- If you have not received sufficient notification before a mass layoff, which violates the worker adjustment and retraining notification act
- Constructive termination, which is when an employer is not addressing working conditions and concerns leading to an unsafe environment so that an employee is forced to quit
Reach out to a wrongful termination attorney in El Paso, TX today such as the ones available at Roger Davie PC.