There is an overwhelming amount of emotion that comes with having your position terminated with a Texas company. Many employees will jump to ask why they’re being let go, but many might not argue with the reasoning.
What is wrongful termination?
Wrongful termination is when an employer fires an employee for an unjust reason. Federal and state laws say that an employee can not be fired based on their:
- Gender identity
- Health issues or disabilities
Employees also can’t be fired as a form of retaliation for reporting harassment from a coworker or their supervisor. Employers also can’t fire employees that try to start a union or discuss their working conditions.
Proving wrongful termination
It’s up to the terminated employee to provide evidence that they were wrongfully terminated. Wrongful termination clauses can usually be divided into a few categories: discrimination, retaliation, medical history, organizing unions – or just plain lack of cause.
Retaliation and organizing unions are rather easy wrongful termination clauses to pursue, as there’s normally a straightforward cause to effect. Wrongful termination on the grounds of discrimination or medical history is harder to prove.
Medical history refers to specifically if your employer fires you based on being more likely to develop an illness, in part due to your genetic makeup. Discrimination normally comes after a pattern of repeated, discriminatory behaviors from your employer or people at your company.
What happens if you win a wrongful termination lawsuit?
Assuming that you’ve provided enough evidence to get a court of law to agree to your wrongful termination claim, you may be awarded backpay, financial damages, or even be awarded your job back.
Wrongful termination can happen in every state. While it can be devastating and hard to navigate, it’s important to thoroughly document everything you need to pursue justice.