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Wrongful Termination Lawyer in Dallas, TX
Fired Without Cause?
Hold Them Accountable.
40+ years practicing employment law
Millions recovered for wronged clients
Success against Fortune 500 employers
No fee unless we win
Why Dallas Turns to Dan Atkerson in Cases of Wrongful Termination
For 40+ years, Dan has practiced employment law, and only for employees. He knows these statutes, these courts, and exactly how to build your case to make sure your rights are protected. His representation can help you move on and prosper in your career.
Dan's track record isn't theoretical. He has recovered millions for wrongfully fired Texans, representing real settlements and verdicts that let people replace lost wages, protect their families, and move forward after their rights were violated.
Is your employer large, with deep pockets and a legal team on retainer? Dan has repeatedly won for workers against defendants of every size. The resources on the other side don't decide the outcome of your case.
Dan's Victories for Workers
Taking on an employer often means going up against a legal team that is already on retainer. With our experience and persistence, we level the playing field. By gathering compelling evidence and building strong cases, we’ve secured meaningful victories for clients who were wrongfully terminated:
How to Address Unfair Treatment
After Wrongful Termination
A wrongful termination claim may range from breach of an employment contract to claims of discrimination based on race, sex, age, religion, disability, or pregnancy. If you feel that your rights have been violated, you should seek the assistance of a wrongful termination attorney. During a consultation at our law office serving the Dallas-Fort Worth area, employment lawyer Dan A. Atkerson can help you understand if you have a legal cause of action that can be pursued.
What You Can Get After a Winning Suit
In some cases, an individual who was wrongfully fired fails to reach out to a lawyer to explore a lawsuit because they are simply unaware of the many gains they can achieve after winning a case. Depending on the circumstances of your claim, our Dallas-area lawyer may be able to seek:
- Job reinstatement
- Back pay
- Future pay
- Promotion
- Punitive damages
- Attorney's fees
- Expert witness fees
- Court costs
- Injunction against illegal conduct
Proving Wrongful Termination
Demonstrating Retaliation or Discrimination
Mr. Atkerson will review the evidence to see if there is any direct or circumstantial proof of retaliation or discrimination. He will attempt to demonstrate that you performed your job duties and satisfied the conditions for employment, yet you were let go for unlawful reasons.
Breach of Contract
Looking over your employment contract, Mr. Atkerson may be able to find that the nature of your termination violated the stipulations of the contract. Some contracts may even include strict guidelines for termination that must be adhered to.
Violation of Public Policy
The team at our Dallas area law firm will also note if your wrongful termination is rooted in a violation of public policy. This includes termination because you refused to break the law for your employer, you used FMLA leave or requested reasonable accommodations, or you reported discrimination or unsafe practices at the workplace.
How We Evaluate Your Case
Employment Contract
If you had an employment contract in place that detailed the length of time of employment or reasons that you could be fired, our attorney will review its terms. If the termination was in violation of the contract, you may have a case based on breach of contract and wrongful termination.
Company Policies
Our wrongful termination lawyer in the Dallas area will review all documentation related to company policies to see if any employers, managers, or other employees failed to follow these policies.
Your Treatment
If your employer says performance issues were the cause of your termination, our employment lawyer will investigate and determine if other employees were or weren't fired for similar reasons.
History of Complaints
Workers are entitled to make complaints to human resources or the other appropriate party when a company or any of its employees violate federal or state employment laws. If you have a history of complaints and were fired, we will pursue this as a possible reason for wrongful termination.
Defamation of Character
If employers come up with untruthful reasons for your termination, this can be considered defamation of character. Our lawyer will investigate all allegations made against you by your former employer.
How to Preserve Evidence in Your Case
Ideally, you will have the foresight to collect evidence before you are fired and lose access to company emails and other files. It is always a good idea for all employees to keep their own employment records independently. The types of records you should keep include:
- Company policies and procedures
- Photos
- Eyewitness reports
- Performance reviews
- Relevant emails, texts, and voicemail messages
It is also a good idea to write out your own personal recollection of the experience. Having specific dates, names, eyewitnesses, and where events happened can help us build a strong case.
If you have lost access to important files, we can seek access during the legal process.
Dan Uses Landmark Rulings to Help You
We can win a seemingly complex wrongful termination lawsuit by citing previous Texas Supreme Court rulings that establish legal precedents in these types of claims. Let's look at the case Goodyear Tire & Rubber Co. v. Portilla, 879 S.W.2d 47, as an example.
The multinational tire manufacturer Goodyear suddenly fired a high-performing employee, Hortencia Portilla, for no reason other than violating an anti-nepotism policy. She had been in apparent violation of this policy for 17 years, with no repercussions, since the date her brother had been transferred to her location to train for and assume the position of her manager.
As Goodyear had totally failed to enforce their anti-nepotism policy for almost two decades before relying on it as a pretext to fire Ms. Portilla, the Texas Supreme Court ruled against the company.
This specific ruling or a different Supreme Court case could be applicable in your lawsuit. Regardless, Mr. Atkerson has the breadth of employment law knowledge to utilize any resource he can.
Texas Is an At-Will Employment State
As an at-will employment state, employers in Texas can fire employees at any time and without explicit reason.
However, even in at-will employment states, employers must follow the employment law guidelines set by federal and state statutes, which provide some protections for workers. You can't be fired for discriminatory reasons, reporting workplace violations, attending jury duty, and more. If you suspect that you were wrongfully fired from your job, speak to our wrongful termination lawyer, serving the Greater Dallas area, as soon as possible.
Common Law Exceptions to Texas At-Will Employment
We can also draw upon well-established case law to protect your job and win your lawsuit, if applicable. For example, we can examine the following common law exceptions to Texas at-will employment laws:
Public Policy
You are completely protected from being terminated for refusing to commit an illegal act.
Contractual Status
If you have a signed employment contract or collective bargaining agreement that is violated by your termination, we are confident we can win your case.
“I had an issue where I found out some troubling information Friday evening. By Monday morning, not only was I feeling much better about the situation, but a plan was in motion. Dan was very responsive to my situation and walked me through the process each and every step of the way. I would absolutely recommend Dan. He gets results, he's very strategic and understands the law. He's empathetic and professional all at the same time. Appreciate you, Dan!”—Matt, 5-Star Review
How Employers May Conceal Unlawful Termination
Companies may hide their motives when employees are let go. Here are a few ways that employers try to conceal a wrongful discharge and make unlawful firings appear legitimate:
A company may conceal a wrongful dismissal by claiming financial problems that required downsizing. Other employees may be let go as well in order to make your termination seem normal. Yet even if there was a legitimate financial hardship at your company, you are protected from termination on the basis of discrimination or retaliation.
In the lead-up to your dismissal, your employer may try to cover their tracks by giving you poor performance reviews. There may also be complaints about the work you've done or turned in. This makes your firing appear to be performance-related when your employer targeted you for discharge as an act of retaliation or discrimination.
Your employer may turn your supervisors and colleagues against you to justify an eventual termination. Co-workers may make complaints to HR or to your supervisor, suggesting your dismissal was a disciplinary measure for your misconduct. This could be a part of a systemic workplace problem, such as a toxic environment or work culture.
Frequently Asked Questions for Our Wrongful Termination Lawyer in Dallas, TX
Can I sue for wrongful termination?
If you were fired for reasons that violate state and federal employment laws, you have the right to file a lawsuit against your former company to obtain damages.
What are the benefits of filing suit?
The benefit of filing an employment lawsuit for wrongful termination is that you can be awarded damages for lost wages, employment benefits, and emotional distress. A lawsuit can also help you clear your name and restore your reputation. In addition, you are doing other employees a service by preventing workplace violations from occurring again in the future.
Can I be fired without receiving a warning?
Yes. Some companies may give employees a warning before termination. However, since Texas is an at-will employment state, an employer can legally fire an employee without warning as long as it's not a discriminatory or retaliatory act.
Can I get my job back after dismissal?
Yes, you could get rehired by your employer after a wrongful termination lawsuit is completed. However, the working relationship with your employer may be compromised by the lawsuit and court proceedings. Mr. Atkerson can discuss what form of restitution may be fitting given the circumstances of your case and the hardships you were forced to endure.
What should I do after termination?
First, gather all supporting documentation and evidence that could demonstrate wrongful termination. Next, be sure to file a complaint with the EEOC or the Texas Workforce Commission (TWC). If you live in the Dallas area and have been wrongfully fired, speak with Dan Atkerson. During a free legal consultation, you can find out what steps to take next, given the circumstances of your situation.
