If you believe you have been discriminated against in the workplace, you have the right to file a complaint. We guide you through the process, which may involve reporting the discrimination internally to your employer and filing a complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission Civil Rights Division. Both agencies exist to help employees who have faced discrimination at work.
At-will employment, and its limits
In Texas, employment is "at-will": employers can terminate employees for any lawful reason at any time. But "lawful" is the key word. Wrongful termination laws protect employees from illegitimate firing practices. Employers cannot make job decisions based on race, color, religion, sex, national origin, age, genetic information, or disability. If you believe you were fired for one of those reasons, our attorneys will help you seek justice.
Signs of wrongful termination
Unlawful firings are often hard to detect. Depending on your situation, wrongful termination may include being fired:
- Based on your national origin, gender, age, race, color, religion, or disability
- For reporting workplace discrimination
- After filing a workers' compensation claim
- Due to your medical condition
- Because you needed time off permitted by federal law, such as the Family Medical Leave Act (FMLA)
- For serving on a jury
- For refusing to commit an illegal activity
- While an active-duty member of the military or in training
- For whistleblowing in the health care or government sectors
- For claiming overtime or not receiving the correct wages
- For reporting violations under the Sarbanes-Oxley Act pertaining to accounting and securities
If you have been terminated and need to understand why, our El Paso employment law attorneys are here to help, across Texas and New Mexico.
Retaliation for workers' compensation claims
Under the Texas Labor Code, employers are prohibited from retaliating against employees who make legitimate workers' compensation claims. The law safeguards employees who are entitled to benefits after an injury and prevents employers from firing them for seeking those benefits.
To establish a workers' compensation retaliation case, you must prove that "but for" the filing of the claim, your termination would not have occurred. Several factors can establish that causal link:
- The employer's knowledge of the compensation claim
- Expression of a negative attitude toward the employee's condition
- Failure to adhere to company policies
- False reasons given for the termination
The timeline of a discrimination suit
The process can feel long, but each step has a purpose. Here is what to expect:
- Consultation: your journey begins with a free consultation with our discrimination attorneys. We listen to your story, assess the merits of your case, and discuss potential legal strategies.
- Filing a complaint: if you move forward, we help you prepare and file an official complaint with the appropriate agency, such as the EEOC or your state's civil rights division. This step typically must occur within 180 days of the discriminatory incident.
- Investigation: the agency investigates your claims, which may involve interviewing witnesses, reviewing documents, and gathering evidence.
- Mediation or settlement: the agency may offer mediation or settlement discussions between you and your employer. Our negotiators represent your interests throughout.
- Right-to-sue letter: if mediation or settlement does not resolve the issue, the agency issues a right-to-sue letter granting you permission to pursue a lawsuit against your employer.
- Filing a lawsuit: we file suit in court, build the case, gather evidence, and advocate for your rights.
- Discovery: both sides exchange information through depositions, document requests, and interrogatories.
- Pretrial motions: attorneys for both parties may file motions to address legal issues before trial begins.
- Trial: if no settlement is reached, our trial-ready attorneys present your case to the court, calling witnesses and presenting evidence.
- Verdict and potential appeals: the court renders a verdict, and either party may choose to appeal.
The process can feel tedious and overwhelming, but following every step is what keeps your claim moving forward.
Dos and don'ts when filing a discrimination suit
Do
- Consult an attorney: experienced counsel is invaluable in a discrimination case.
- Document everything: keep thorough records of incidents, including dates, times, locations, witnesses, and any communication related to the discrimination.
- Follow legal deadlines: adhere to every deadline for filing complaints and legal documents. Timing is crucial.
Don't
- Don't delay: the sooner you consult an attorney and file a complaint, the stronger your case may be.
- Don't retaliate: retaliatory actions against your employer can damage your case.
- Don't go it alone: discrimination cases are complex, and representation is essential.
We're here for you
Our employment lawyers understand the challenges you face when filing a discrimination suit, and we provide unwavering support from the first meeting through the final resolution. Our commitment to fighting for the El Paso community drives us every day.
If you believe you have been discriminated against or terminated after filing a workers' compensation claim, call 915-444-1085 or fill out our online form for a free consultation. We are here to protect your rights and seek justice on your behalf.