Discrimination and Wrongful Termination Lawyer
The Wrongful Termination Lawyer Houston Workers Trust
With a wrongful termination lawyer, Houston employees have an advocate to fight for their rights. Schedule a free case evaluation if you believe your termination was wrongful. Call 832-798-1184 or contact us here.
Federal and state laws protect employees from certain forms of wrongful termination and discrimination. Employees fired illegally need a Houston wrongful termination attorney to act as their advocates against the misdeeds of their employers.
Employment law establishes protections for certain classes. When your employer violates these laws, you have the right to hold them accountable. Protected classes include the following.
What Constitutes Wrongful Termination?
As an at-will employment state, wrongful termination cases are difficult to prove at times. However, you have rights as a worker even when the line seems blurry. For example, employers do not have the right to demote or terminate an employee based on sex or race.
When your employer or supervisor shows a pattern of favoritism for a specific group of people, they behave in a discriminatory manner. Should this lead to your demotion or termination because you don’t fit into that group, you have rights.
Additionally, employment law prohibits employers from engaging in “adverse employment actions.”
Adverse Employment Actions and Houston Wrongful Termination Lawyers
Adverse employment actions refer to misconduct by employers. This includes the wrongful discharge of an employee, demotion of an employee, or illicit treatment of an employee based on discriminatory factors.
Major Source of Wrongful Termination
Workers across the United States have protection under federal employment laws. These rules establish specific classes – mentioned above. Moreover, the rules prohibit employers from considering these factors in hiring, firing, promotions, and treatment of employees.
For instance, some of the most commonly cited protected classes are age, gender, religion, and race. Additionally, some states expand these lists to provide more protections.
Moreover, this includes employment decisions based on stereotypes or assumptions about someone’s abilities, traits, or performance.
As an employee, your legal protections extend to harassment. When your harassment leads to your termination, whether based on a federally protected class or not, you have the right to pursue legal actions.
Additionally, with a wrongful termination lawyer, Houston workers have an advocate to help them pursue compensation and justice. This extends to cases in which an employer pressures you to “voluntarily quit” following continued harassment that your employer or supervisor failed to address.
Across industries, workers have the right to report employment violations, safety violations, or illegal behavior conducted by coworkers, employers, and supervisors. Any negative action taken against a worker who reports these behaviors is considered retaliation.
When this leads to or includes your discharge, it constitutes wrongful termination. A common example is when an employee raises an issue of wage and hour (such as unpaid overtime), which leads to their suspicious termination.
Some workers have an employment contract that lays out specific details and requirements surrounding termination. Oftentimes, the situation must meet specific circumstances before the employer is able to terminate the worker.
In these cases, employers have a heightened responsibility to provide valid reasons for dismissal. Otherwise, they breach the contract, which opens them up to a wrongful termination claim.
Pursuing a Lawsuit with a Houston Wrongful Termination Lawyer
When you believe your employer let you go for unlawful reasons, it’s important to consult a wrongful termination attorney. To file your claim, identify why your employer dismissed you. If the reason provided is not the true motivation behind your dismissal, and you believe it to be discrimination, you have the option to file a wrongful termination claim.
This is also true when you quit your job. However, there are specific circumstances to consider. For instance, you decided to quit because your former workplace was too hostile and intolerable to endure. When you feel there’s no other option but to leave, you may have a case.
In terms of wrongful termination, we consider this “constructive discharge.” These cases typically require evidence to prove that your employer fostered a hostile work environment. With a wrongful termination lawyer, Houston employees have the guidance necessary to build a convincing case.
How to File Your Claim
The key with any employment law claim is to start early. When you begin to notice a pattern of retaliation or bias, document incidents thoroughly. Proving retaliation requires evidence. This includes many of the following.
- Performance reviews
- Disciplinary notices
- Written statements from witnesses
- Communications between you and your employer, supervisor, etc
As you document incidents, make note of dates, times, names of those behaving with bias, and witnesses. Describe the incident in detail, including your response and the response of other parties. If possible, take photo evidence.
Next, contact the Human Resources department of your employer. If they do not resolve the matter, contact the Equal Employment Opportunity Commission (EEOC) to file a complaint. A Houston wrongful termination attorney can help you file your complaint and act as your representation in EEOC hearings.
It is essential to reach out to the EEOC within 45 days of the incident. When your employer does not resolve the issue after 30 days, you have to file a formal complaint with the Houston EEOC office within 180 days of your termination.
Oftentimes, people find this process difficult and overwhelming. There are so many specific processes to follow to ensure your claim is complete, correct, and clear. As Houston wrongful termination lawyers, we provide guidance throughout the process.
Wrongful Termination Damages
When an employee brings a lawsuit based on discrimination and wins, he or she is entitled to an award of damages which may include:
- Back pay (or what you would have earned but for the employer’s wrongful conduct between the time of the wrongful act (such as wrongful discharge) and the time of trial);
- Front pay (or what you would have earned but for the employer’s wrongful conduct from the time of the trial into the future);
- Reinstatement (or giving you your job back);
- Reasonable accommodation (such as a modification of your work environment if you are disabled); and
- Other damages to restore the employee to the position he or she would have been in but for the discrimination.
Remedies may also include compensatory and punitive damages depending on various circumstances such as the egregiousness of the employer’s conduct. Remedies also may include attorneys’ fees and court costs.
Wrongful Termination Lawyer
When it comes to employment law, every claim requires evidence to show the true motivation. To win employment discrimination and wrongful termination cases, you have to prove that your employer acted with illegal motivations.
At Craighead Law Firm, we offer aggressive representation as Houston wrongful termination lawyers. As top-rated employment attorneys, we fight for our clients. We listen to your story and provide a personalized strategy based on the particular details of your case.
Moreover, we fight for the compensation you deserve. With our wrongful termination lawyer, Houston workers have a better chance to fight for their future.
Protect yourself and your rights as a worker. Schedule a free case evaluation today.