Wrongful Termination in San Antonio, TX
What Is Wrongful Termination?
Any employer has discretion over the hiring and firing of employees. Still, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Texas law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
Most employment in San Antonio is at-will, consistent with state policy. According to the Texas Workforce Commission (TWC), this means that either party can terminate the relationship for any reason. However, it is a wrongful termination if the employer fires an employee for an illegal reason, such as discrimination. As well, the at-will status may not apply if there is a contract or collective agreement. Unlike some states, Texas does not recognize the covenant of good faith & fair dealing exception to at-will employment.
Types Of Wrongful Termination
In San Antonio, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. State, federal, or local San Antonio laws prohibit these reasons.
Texas does have Right-to-Work legislation. Under these laws, a San Antonio employer cannot make membership or non-membership in a union a condition of employment. As well, a San Antonio employee can legally refuse to pay union dues as a condition of employment.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in San Antonio for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced San Antonio, TX attorney can walk you through the process to help ensure the best possible outcome.
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Texas Whistleblower Act protects public-sector employees in San Antonio who report unlawful activity. Specifically, public-sector employers in San Antonio cannot take punitive employment-related action against an employee who reports a violation of law. A separate Texas Statute provides similar retaliation protection for private-sector employees in San Antonio.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated In San Antonio, Texas
Are you suffering from worngful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
San Antonio employees must file an employment discrimination complaint with the Texas Workforce Commission within 180 calendar days of an incident. Additionally, the US Equal Employment Opportunity Commission can accept claims within 300 days. However, this deadline generally only applies to situations involving both state and federal laws.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced San Antonio, TX wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. San Antonio employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
The Texas Workforce Commission’s Civil Rights Division (CRD) is responsible for resolving employment discrimination charges in San Antonio. To file a complaint, your first step is to submit the CRD’s Employment Discrimination Complaint Form. Keep in mind, the CRD only has jurisdiction if the San Antonio company has 15 or more employees. Alternatively, you can file a federal complaint with the San Antonio Field Office of the Equal Employment Opportunity Commission.
Why You Should Hire A Wrongful Termination Lawyer in San Antonio, Texas
Filing a wrongful termination lawsuit in San Antonio, Texas can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some San Antonio attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified San Antonio attorney who can help you fight for your job or get justice for the wrongful termination you suffered?
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