It happens to many people. One day you are working away, and the next your employer notifies you that you are terminated for cause. Except you did not do what they allege you did. You wonder where this is coming from, how they could do this to you and what steps to take.
You are not alone. Wrongful termination occurs when an employee is fired for an illegal reason, such as discrimination based on race, gender, or age, retaliation for whistleblowing or filing a benefits claim.
At-will employment
Texas operates under an “at-will employment” system, which allows employers to terminate an employee for almost any reason unless it is against the law.
In the same way, an employee can leave the company they work for at any time without having to justify why unless they are under contract. However, most employment is at-will and does not involve an employment contract.
Steps to take after termination
Let’s say you have been wrongfully terminated. You know your boss was looking for an excuse to let you go because of an illegal reason. After receiving the news, you will probably feel sad and hopeless. However, this is not the end, and there are steps you can take. If you believe you were wrongfully terminated, contact your attorney immediately.
Here are things you should do as soon as you can:
- Document everything. Keep as much evidence of your employment, including your job performance, communications about your termination and the circumstances surrounding it, as possible.
- Identify the unlawful reason. Determine whether your employer terminated you based on a protected characteristic or action. For example, if you are pregnant, have a medical condition, file a complaint against a manager, and are fired after your employer finds out.
- Consult with a lawyer. Connect with an experienced, competent attorney to advocate for you in court. If the case goes to trial, you will want a lawyer who has trial experience and can handle the magnitude of your case.
- Consider filing a lawsuit. It may go without saying, but if you are subject to wrongful termination, the law allows you to challenge your employer in court. Do not be afraid, and trust that the truth will eventually surface.
If you are wrongfully terminated, you are likely experiencing many emotions, including sadness, anger and a feeling of injustice. All of these feelings are normal. However, it is essential to reason, organize your evidence and contact your attorney as soon as possible.