Discrimination makes firing illegal
When employers fire workers because of who they are, not what they did, it breaks the law. Under state and federal laws, employers can't fire you based on race, gender, religion, age, disability or national origin. For example, Maria was fired after telling her boss she was pregnant. Her work performance was excellent, and her employer replaced her with someone less qualified who wasn't pregnant. This may cross the line into illegal discrimination. Before you blame termination on discrimination, look for clear connections between your protected status and the firing decision.Retaliatory reasons
Employers can't fire you for exercising your legal rights. This includes reporting harassment, filing workers' compensation claims or whistleblowing about illegal activities. Suppose John reported unsafe working conditions and was later fired. If his dismissal was a punishment for filing his complaint, that could be retaliation. However, the firing might be lawful if John was consistently late or violated company policies. Consider these points when identifying retaliation:- The timing between your protected activity and firing
- Any negative comments about your complaint
- Different treatment compared to coworkers
- Sudden performance criticisms after years of good reviews
Violation of an employment contract
Although Texas is primarily an at-will employment state, some workers have employment contracts. A contract might state that an employer can only fire you for "just cause" or only after certain warnings. Review the wording of the contract. If your firing was in violation of the contract's terms, you may have a case for breach of contract. For instance, say Mia has a two-year employment contract stating she can only be fired for gross misconduct. If her boss fires her for missing a deadline, that could be a breach of contract and grounds for a wrongful termination lawsuit. If you believe your firing was illegal, collect evidence, document what happened and consider talking with an employment attorney in El Paso who can review your claim.If you have questions about your situation, talking to us is always free, in English or Spanish. Call 915-444-1085 or reach us online.