You should always be mindful of wrongful termination laws. Firing someone for the wrong reason could land you in a whole lot of legal hot water.
A majority of employees in the United States are “at will” employees. What this means is that you can fire these employees at any time and for any reason, so long as the reason is not discriminatory, retaliatory or otherwise illegal.
Both state and federal laws are in place that prohibit employers from firing employees for certain reasons. These wrongful termination laws will apply whether the employee is at will or the employee is working under an employment contract.
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Under federal law, it is illegal for employers to fire an employee because of the employee’s race, gender, national origin, disability, religion or age (so long as the employee is at least 40 years old). In addition to these “protected classes, ” federal law also makes it illegal for employers to fire an employee because she is pregnant or has a medical condition that is related to her pregnancy or childbirth.
A majority of states also have wrongful termination laws that prevent employers from terminating employees for all of the reasons listed under the federal laws. Some states also take their wrongful termination laws further and add more “protected classes.”
For example, some states also include sexual orientation in this list of protected classes. An employer in such a state would be prohibited from terminating an employee just because they were gay or lesbian. In addition, some states write their wrongful termination laws in such a way that they cover a wider ranger of employers than the federal laws do.
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Generally speaking, it is illegal for an employer to terminate an employee for asserting his or her rights under federal or state anti-discrimination laws. Employees have been known to build successful retaliation claims even when the underlying discrimination claim doesn’t work out in their favor. As an example, if you fired an employee for complaining that she was not receiving equal pay to the men in similar positions, you may end up losing a retaliation lawsuit even if you end up showing that your pay schedules were not discriminatory based on gender.
Under the federal Employee Polygraph Protection Act, employers are not allowed to fire employees on the basis that they refused to take a lie detector test. In addition to this federal law, many states also have laws that prohibit employers from firing employees because they refused a polygraph test.
Under the federal Immigration Reform and Control Act, employers are prohibited from firing employees on the basis of their alien status. So long as the employee is legally eligible for employment within the United States, an employer cannot fire that employee solely on the basis of their alien status.
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Under the federal Occupation Safety and Health Act (OSHA), employers are prohibited from terminating employees because they make complaints about the employer’s OSHA violations. These complaints are often made about an employer that does not meet state or federal health and safety standards.
There are a number of states that have laws that prohibit employers from terminating employees when the terminations are in violation of public policy. In other words, these laws stop employers from firing employees for reasons that the public would find morally reprehensible or ethically wrong. These laws are often difficult for employers to follow, as morals and ethics are subjective and will vary from state to state. It is not uncommon for some state laws to differ form the laws of other states.
However, despite this subjectivity, there are some common themes that are found in many states’ laws. Many states agree that the following would be in violation of public policy:
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Even the most careful employer that follows all of the guidelines that are set out above can feel uncomfortable about wrongful termination laws. Many employers fear that a former employee will come back with a lawyer in tow and file a wrongful termination lawsuit. One way that you can alleviate these fears is to have all outgoing employees sign a “release” where the employee agrees not to sue the employer in exchange for some benefit (such a severance package).
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
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Suppose an employer fires an individual and the individual believes their termination was illegal. Wrongful termination in an at-will employment state such as Texas is confusing to navigate. Individuals who believe they experienced wrongful termination should contact an employment attorney who handles wrongful termination cases in Texas to represent them in a wrongful termination lawsuit.
Her Lawyer connects individuals in need of legal help with qualified attorneys based on their location, legal matter, and preferences. We can connect you with the right wrongful termination lawyer in Texas, including:
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An employment attorney can help individuals determine if their employer fired them illegally under Texas or federal law. If an employer fires an individual due to local ordinances related to the following, the employer has fired the individual illegally:
A knowledgeable Texas attorney can help individuals through cases such as these and other potential causes of wrongful termination. It is crucial to find an attorney who will stand up for your rights if a former employer claims they let you go for legal reasons such as being an at-will employee.
Texas follows the at-will employment doctrine. Unless a mutual agreement to the contrary exists, either the employee or employer may terminate the employment relationship at any time and for almost any reason without notice. Without an employment contract, unlawful discrimination, or workplace retaliation, an employer can terminate an employee for any reason. Individuals should contact a Texas employment lawyer to ensure their employer does not subject them to unfair labor practices.
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Texas has very few employment laws protecting employees, allowing employers to fire many employees without legal recourse. If no law criminalizes the employer’s conduct, attorneys may look to contracts or an employer’s in-house policies.
Because Texas is an at-will employment state, workers may not have a wrongful termination claim if their employers fire them for any of the following reasons:
Texas has exceptions for the at-will employment laws protecting employees against wrongful termination. Texas employers may not retaliate against a wrongful termination lawsuit because the individual performs any of the following actions:
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Texas wrongful termination cases are complex and nuanced cases requiring the attention of an experienced Texas wrongful termination attorney who knows how to determine which cases will be successful in a wrongful termination suit in Texas. The above FAQs do not cover every area of Texas wrongful termination cases. Women should contact a Texas wrongful termination attorney who protects employees’ rights to achieve the best possible outcome on their behalf.
Individuals who believe they are victims of wrongful termination should have the right to have legal recourse. Texas allows individuals to file wrongful termination suits. Because the laws of at-will employment govern the Texas wrongful termination process, individuals should contact an experienced attorney who can serve them throughout the process. Hire a knowledgeable Texas wrongful termination attorney to protect your rights in Texas wrongful termination cases.
If you’re in the middle of a wrongful termination legal dispute in Texas and need a lawyer, get your free consultation with one of our Texas
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