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Law Offices of Dan A. Atkerson

When to Hire an Employment Attorney: Illegal Firing

By Dan Atkerson on August 07, 2017

Book entitled Employment Law sitting atop a wooden deskIn the state of Texas, the majority of employees work “at will.” This means that employers can fire these employees at any time for any reason that is not illegal. The key words here are “not illegal.” Many people incorrectly believe that at-will employees can be fired in the state of Texas for any reason at all, period. This is not the case. Employees have rights, and they may not be fired for reasons that could be interpreted as discriminatory or retaliatory. When workers are fired for such reasons, they may be able to obtain compensation through the enlistment of a skilled employment attorney.

Dan A. Atkerson has more than 32 years of experience as an employment attorney, and unfair firing cases in the Allen, Plano, Carrollton, TX areas are among the many types of claims he has routinely handled with exceptional success during his long career. If you have been wrongfully terminated, even though your employment was at will, he would be pleased to review your case in detail and advise you of your legal rights and options. Simply contact the Law Offices of Dan A. Atkerson today for an evaluation of your wrongful termination case.

Reasons for Which You Cannot Be Fired

As an at-will worker, you can be fired for any reason that is not illegal. This covers a lot of ground and leaves you with very little recourse as an employee if you lose your job. Your employer does not have to show cause for firing you; you could have performed your job duties perfectly well or even exceptionally well and still have lost your job. As long as you were not fired for any reason that constituted an act of discrimination or retaliation on the part of your employer, there is little you can do.

However, if you have reason to believe that you were fired as a discriminatory or retaliatory act, you should contact our law firm. Reasons for which you cannot be fired by your employer, even in an at-will employment state such as Texas, include:

  • Under Title VII of the federal Civil Rights Act of 1964: race, color, religion, gender, or national origin. Gender restrictions include pregnancy.
  • Age, if you are at least 40 years old.
  • Genetic information.
  • Disability.
  • Reporting of workplace discrimination.
  • Filing for workers’ compensation.
  • Taking off time to serve jury duty.
  • Taking off time because you are an active-duty member of the military.
  • Making overtime or other wage claims.
  • Taking off time to vote.
  • Taking off time for family and medical leave.
  • Whistleblowing (applicable to nursing home, mental health facility, hospital, and rehabilitation center employees).
  • Violation reports under the Sarbanes-Oxley Act (pertaining to accounting and securities)
  • Reporting of illegal actions as a government employee.

If you have any doubts as to whether your firing was legal, please don’t hesitate to contact our law firm.

Arrange for an Evaluation of Your Firing Case

To arrange for an evaluation of your wrongful termination case, please contact the Law Offices of Dan A. Atkerson today.

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