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Wrongful Termination

Fort Worth Employment Attorney :: Dallas Employment Attorney :: Wrongful Termination Lawyer

Texas law provides very limited reasons why you can challenge a discharge or termination from your job as a wrongful discharge or wrongful termination. Most people are aware that Texas is an “at-will” or “right to work” state in which your employer can terminate your job for almost any reason. Texas and federal law provides a few reasons why you cannot be discharged. If you have been terminated for a prohibited reason or a reason that violates the law you may have a legal remedy to be rehired or compensated for lost wages and benefits under a wrongful discharge or wrongful termination claim. If this sounds like your situation then you should contact wrongful termination lawyer Adam Kielich right away using the contact form below or by calling 817-857-1123.

Refusal to perform a criminal act in Texas

Texas law prohibits an employer from firing an employee when the employer requests the employee commit an illegal act and the employee refuses. In Texas this wrongful discharge claim is considered an exception to the “at-will” employment doctrine and is often referred to as the public policy exception or Sabine Pilot exception after the lawsuit establishing the exception.

Under this wrongful termination claim, your employer must require you to commit the illegal act. It is not enough that your employer suggests it or makes a demand but does not fire you for refusing to commit the illegal act. Basically, your employer must make you choose between committing the criminal act or losing your job. Texas also protects your right, when demanded to perform an illegal act, to take steps to determine whether the request actually contains illegal acts. That means you have the right to contact the police or appropriate regulatory agencies to determine whether you are legally permitted to perform the requested act.

Whistleblower protections in Texas

Texas and federal law protects your right to alert the proper authorities to certain illegal acts by your employer. Not all whistleblowing is protected, only certain types of whistleblowing are protected. Some of the protected types include:

  • Reporting wage and hour violations;
  • Reporting illegal discriminatory practices;
  • Employees of public companies reporting fraudulent activity;
  • Reporting environmental or safety regulation violations.

Before whistleblowing, you may want to discuss your concerns with an employment lawyer to make sure your job is protected against termination for whistleblowing.

Wrongful Terminations violating civil rights statutes

Federal and Texas law protect your job from wrongful termination on the basis of a protected status or exercising a protected right. Your employer may not terminate you on the basis of:

Violating an employment contract

Most employees in Texas do not work under an employment contract or a labor contract. However, if you do work under an employment contract that covers your individual employment or a labor contract covering your employment through a union, your employment is protected under the contract and the law governing contracts in Texas. Your employer must adhere to the terms of the contract and may not discharge you in violation of the contract terms.

How The Kielich Law Firm can help

If you have been wrongfully discharged then you have a right to either be rehired to the same or similar position as the one you had or to compensation for the pay and benefits lost by the wrongful discharge. If you were discharged you may not be interested in returning to the company so that will determine whether it would be more beneficial to pursue a rehire or compensation for your financial losses. The Kielich Law Firm can represent you in a wrongful discharge claim in Texas and develop a strategy to protect your rights. Contact my office today to discuss your case.

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