Your Advocates During A Discrimination Claim

If you believe you’ve been discriminated against in the workplace, you have the right to file a complaint. We’ll guide you through the process, which may involve reporting the discrimination internally to your employer and filing a complaint with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission Civil Rights Division. Both agencies are dedicated to assisting employees who believe they’ve faced discrimination at work.

In Texas, employees are considered “at-will,” meaning employers can terminate them for any lawful reason at any time. However, wrongful termination laws exist to 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 wrongfully terminated, our attorneys at Mendez Isaac Joudi, PLLC, will help you seek justice for your employment law matter.

Signs Of Wrongful Termination

Sometimes wrongful termination can be difficult to detect. Depending on your situation, wrongful termination may include:

• You were fired based on your national origin, gender, age, race, color, religion or disability.
• You were fired for reporting workplace discrimination.
• You were fired after filing a workers’ compensation claim.
• You were fired due to your medical condition.
• You were fired because you needed time off permitted by federal law, such as the Family Medical Leave Act (FMLA).
• You were fired for serving on a jury.
• You were fired for refusing to commit an illegal activity.
• You are an active-duty member of the military or in training.
• You were fired for whistleblowing in the health care or government sectors.
• You were fired for claiming overtime or not receiving the correct wages.
• You were fired for reporting violations under the Sarbanes-Oxley Act pertaining to accounting and securities.

If you’ve been terminated and need to understand why, our El Paso employment law attorneys are here to help. Contact us for a free consultation at 915-289-0020 to discuss your unique circumstances and protect your rights. We’re dedicated to defending workers’ rights across Texas and New Mexico.

Protecting Against Retaliation For Workers’ Compensation Claims

Under the Texas Labor Code, employers are prohibited from retaliating against employees who make legitimate claims under workers’ compensation. This law safeguards employees who are entitled to benefits under workers’ compensation laws and prevents employers from firing them for seeking benefits after an injury.

The Timeline Of A Discrimination Suit

Often, the process of filing a discrimination suit can seem like it takes a long time. The steps you can expect while you go through the process may include:

• Consultation: Your journey begins with a free consultation with our experienced discrimination attorneys. During this initial meeting, we’ll listen to your story, assess the merits of your case and discuss potential legal strategies.
• Filing a complaint: If you decide to move forward, we’ll help you prepare and file an official complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or your state’s civil rights division. This step typically must occur within 180 days of the discriminatory incident.
• Investigation: Once your complaint is filed, the government agency will conduct an investigation into your claims. This investigation may involve interviewing witnesses, reviewing documents and gathering evidence.
• Mediation or settlement: In some cases, the agency may offer mediation or settlement discussions between you and your employer. Our skilled negotiators will represent your interests during these proceedings.
• Right-to-sue letter: If mediation or settlement discussions do not resolve the issue, you will receive a right-to-sue letter from the agency. This letter grants you permission to pursue a lawsuit against your employer.
• Filing a lawsuit: With our experienced legal team by your side, we’ll file a lawsuit against your employer in court. Throughout this process, we’ll build a strong case, gather evidence and advocate for your rights.
• Discovery: Both sides exchange information through a process called discovery. This may involve depositions, requests for documents and interrogatories.
• Pretrial motions: Attorneys for both parties may file motions to address legal issues before the trial begins.
• Trial: If a settlement cannot be reached, your case will go to trial. Our trial-ready attorneys will present your case to the court, calling witnesses and presenting evidence.
• Verdict and potential appeals: After the trial, the court will render a verdict. If either party is dissatisfied with the outcome, they may choose to appeal.

While this process may seem tedious and overwhelming, it is important to follow all of the steps so that your claim can move forward.

Dos And Don’ts When Filing A Discrimination Suit

Filing a discrimination case can come with many steps, along with some do’s and do not’s. Here are a few things that you should do:

• Consult an attorney: Do seek legal counsel from experienced discrimination attorneys like us. Our knowledge and guidance are invaluable.
• Document everything: Do keep thorough records of incidents, including dates, times, locations, witnesses and any communication related to the discrimination.
• Follow legal deadlines: Do adhere to all deadlines for filing complaints and legal documents. Timing is crucial in discrimination cases.

There are important steps to a discrimination claim, and your lawyer can help you determine what steps you must follow.

In addition to the directions above, there are also things you should not do when you are pursuing a discrimination claim, including:

• Don’t delay: Don’t wait to take action. The sooner you consult with an attorney and file a complaint, the stronger your case may be.
• Don’t retaliate: Don’t engage in any retaliatory actions against your employer, as this can negatively impact your case.
• Don’t do it alone: Don’t attempt to navigate the legal process without an experienced attorney. Discrimination cases can be complex, and representation is essential.

At MIJ, our employment lawyers understand the challenges you may face when filing a discrimination suit, and we’re here to provide unwavering support. Our commitment to fighting for the El Paso community drives us every day, and we’re dedicated to ensuring you receive the justice you deserve.

We’re Here For You

To establish a worker’s compensation retaliation case, employees must prove that “but for” the filing of the workers’ compensation claim, their termination would not have occurred. Several factors can establish a causal link between filing a claim and subsequent termination, such as:

• Knowledge of the compensation claim
• Expression of a negative attitude toward the employee’s condition
• Failure to adhere to company policies
• False reasons for termination

If you believe you’ve been discriminated against or terminated after filing a workers’ compensation claim, please contact the attorneys at Mendez Isaac Joudi, PLLC, by calling 915-289-0020 or filling out our online form for a free consultation. We’re here to protect your rights and seek justice on your behalf.