When is a Job Termination Considered Wrongful in Texas?
The majority of employment relationships in Texas fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. The only basic exception in "at-will" employment arrangements is that the termination may not be done for reasons which violate the law.
Employment that does not fall into the category of "at will" is not subject to the same restrictions. Therefore, it is important that you identify what type of employment arrangement you are involved in. Generally, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Texas?
Regarding terminating a Texas employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a certain race, religion, gender, or nationality. Employers in Dallas may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Texas Attorney for My Wrongful Termination Case?
Attorneys in Dallas, Texas may be able to inform you as to whether a wrongful termination has occurred, and can assist you in preparing the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.
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