In Texas and throughout the United States, workers are increasingly standing up for their rights under the law. In some instances, a person who lost his or her job was terminated illegally. If workplace discrimination, harassment, wrongful termination or any other workplace issue led to problems or a dismissal, it is imperative to understand what legal steps are available.
Knowing why an employee can be dismissed is just as critical as knowing what constitutes wrongful termination. Most workers are employed at will. This allows employers to fire them without giving a reason or for any reason at all provided it is not categorized as workplace discrimination. Barring a legal agreement requiring the employer take certain steps before termination, there is likely no basis for a lawsuit.
If, however, employers commit workplace discrimination when they dismiss a worker due to gender, race, religious affiliation, disability, sexual orientation, age or national origin, it can warrant a lawsuit. The employee should consider certain factors before pursuing a legal filing. If the dismissal was due to discrimination, it might first be necessary to contact the Equal Employment Opportunity Commission. There is usually a 180-day time limit for doing so, but some workers will have as much as 300 days.
Fired workers will have a goal in mind with the legal filing whether that is compensation or being rehired. It is wise to know what is desired beforehand. Those who have had their rights violated in a wrongful termination case may want to think about filing a lawsuit to achieve their desired outcome. A law firm experienced in employment law, workplace discrimination and other relevant issues may be able to help.