Fort Worth wrongful discharge lawyers like Adam Kielich represent clients in the Dallas/Fort Worth area who lost their jobs through a wrongful discharge or wrongful termination. Wrongful discharge occurs when an employer fires an employee in violation of a statute or common law protection. Employees wrongfully discharged can recover against the employer for lost wages and other damages. A Fort Worth wrongful termination lawyer understands the federal and Texas employment laws that affect losing your job.
Although some states have a wide range of wrongful discharge claims against employers, Texas has a small number of these claims. A legal claim for wrongful discharge arises only when a law specifically prohibits an employer’s act. Any termination that is unfair, unreasonable, or based on bad information is certainly harmful to the employee. However, that does not by itself create a claim for wrongful discharge. The employee may pursue unemployment benefits where the standard for a wrongful discharge is much broader.
Wrongful discharge in Texas
Wrongful discharge from employment in Dallas or Fort Worth can happen for a few reasons. Not all terminations are wrongful or against the law. These are some of the most common forms of wrongful discharge in Texas:
- Refusing to perform a criminal act for the employer
- Termination violates an employment contract under Texas law
- Retaliation for complaining about a violation of a civil rights statute
- An employer firing you in violation of an employment statute
- In retaliation for whistleblowing about certain unlawful acts by the employer or in the workplace
Additionally, other wrongful discharge claims exist under Texas and federal law. These include breach of contract and other whistleblowing protections.
A termination or discharge that is unfair, based on bad information, or for no reason at all is not a wrongful discharge under Texas or federal law. It may entitle you to unemployment benefits under the Texas Labor Code but would likely not be a claim Fort Worth wrongful discharge lawyers may pursue. However, if you have a wrongful discharge claim under Texas or federal law then you may receive reinstatement or monetary damages including back pay, front pay, out of pocket financial losses, punitive damages and attorney’s fees.