Can I Sue My Employer for Wrongful Termination?
Talk to a Dallas Wrongful Termination Attorney to Learn if You Have a Strong Employment Claim
Despite the at will status of employment in Texas, there is still such a thing as wrongful discharge. Wrongful termination laws state that a wrongful discharge occurs when an employer lets an employee go in violation of his or her legal rights, but there are various exceptions to the meaning of “at will.”
If you were recently fired and are questioning the legality of your dismissal, Dallas wrongful termination attorney Dan A. Atkerson can help you explore the circumstances of your termination. For more than 32 years, our wrongful termination lawyer has practiced Texas employment law in Dallas and in the surrounding North Texas cities. He knows the issues that can allow a wrongfully discharged employee to seek compensation that may be available in a successful wrongful termination lawsuit. Call today for a free attorney discussion of your case.
What Qualifies as Wrongful Dismissal? Dallas Wrongful Termination
Texas is an at-will state, so there are many legal reasons an employer can terminate your position even if they are not fair or good reasons. However, there are situations where an employer is in violation of state and federal law for firing you. A wrongful discharge may occur in the following situations:
- You are fired because of your national origin, gender, age, race, color or a disability. Note: If you are fired for other workplace discrimination reasons that are not legally protected, wrongful termination laws may not apply to your claim. Talk to an employment attorney near you to learn what classes of employees are legally protected.
- You are fired for reporting workplace discrimination based on the above categories.
- You are fired after filing for workers’ compensation.
- You are fired for taking time off work to serve in a jury.
- You are fired because you are an active-duty member of the military or are in training.
- You work at a nursing home, mental health facility, hospital or rehabilitation center and are fired for whistleblowing.
- You are a government employee terminated for reporting illegal activity.
- You are fired for claiming overtime or other wage claims.
- You are fired for reporting violations under the Sarbanes-Oxley Act, which pertains to accounting and securities.
Potential Issues with Suing an Employer for Wrongful Termination
In order to get out of a wrongful termination lawsuit, some employers will make up false reasons for why they terminated you. This is known as defamation of character. You might have a case if your employer defamed you to bolster its case for your termination. For example, if he or she accused you of doing drugs as a reason for firing you, and you did not use controlled substances, a wrongful termination attorney can help reveal this discrepancy to the court.
When you have a contract for a specific period and are satisfying the terms of that employment contract, an employer may not fire you before your contract ends. If you are fired in breach of employment contract, you may have a case for a wrongful termination lawsuit.