Houston, Texas Wrongful Termination Attorney

Seek Justice After Being Wrongfully Terminated

Call Leeds Law Firm, PLLC at 713-322-9626 to schedule a consultation with a lawyer today.

Are There Laws That Can Protect Me From Wrongful Termination?

A strong set of laws shield employees across the United States from wrongful termination. These protections come from both federal statutes and state-specific regulations. Understanding these laws can empower you to recognize when your rights are infringed upon. Let’s delve into the key legal protections:

• Federal Protections:
• Civil Rights Act: This landmark law prohibits employment discrimination based on race, color, religion, sex, or national origin. If an employer fires someone for any of these reasons, it’s considered wrongful termination.
• Americans with Disabilities Act (ADA): The ADA protects employees with disabilities from discrimination in the workplace. This includes wrongful termination due to a disability, provided the employee can perform the essential functions of the job with reasonable accommodation.
• Age Discrimination in Employment Act (ADEA): This act protects employees over the age of 40 from discrimination based on age. Firing an older employee simply because of their age, while keeping younger employees in similar roles, could violate the ADEA.
• Family and Medical Leave Act (FMLA): The FMLA allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons. Firing an employee for taking this leave would be considered wrongful.
• State-Specific Employment Laws. Understanding the specifics of your state’s employment laws is key to fully grasping your rights and protections on the job. Here’s how state-specific laws can play a role:
• Broader Discrimination Protections: Some states extend discrimination protections beyond federal laws, including protections for LGBTQ+ employees.
• Leave Rights: State laws may provide additional leave rights beyond federal protections. Being fired for taking such leave could be wrongful termination.
• Whistleblower Protections: States may have their own laws protecting employees who report illegal activities or misconduct, offering broader protections.
• Minimum Wage and Overtime: States can set their own minimum wage and overtime rules. Termination for demanding payment according to these laws could be wrongful termination.
• At-Will Employment Exceptions. Most employment in the U.S. is “at-will,” meaning employers can fire employees at any time for any reason, with some exceptions. These exceptions include:
• Public Policy Violation: You can’t be fired for reasons that violate public policy, such as serving on a jury, voting, or refusing to break the law.
• Implied Contract Exception: An employer’s actions or words can create an implied contract, offering some protection against being fired without cause.
• Covenant of Good Faith and Fair Dealing: Some states prevent employers from firing employees in bad faith or for malicious reasons.
• Discrimination and Retaliation: Federal and state laws prohibit firing someone based on discrimination or as retaliation for engaging in protected activities.

How Do I Know If I Have a Wrongful Termination Case?

Figuring out if you have a wrongful termination case involves a few key steps. Understanding these steps can help you see if your firing might have broken the law. Let’s walk through what you need to know:

1. Identify Signs: Look for signs of illegal termination, such as being fired after reporting safety issues or discrimination, or using protected leave.
2. Collect Evidence: Gather emails, messages, or documents that show why you were fired. Keep notes of discriminatory or retaliatory incidents.
3. Consult a Lawyer: After gathering evidence, consult an employment law attorney for a legal opinion on your case and advice on how to proceed.

Possible Outcomes of Wrongful Termination Cases

When you pursue a wrongful termination case, several outcomes are possible, depending on the specifics of your situation and how you and your attorney decide to proceed. Understanding these potential outcomes can help you set realistic expectations for your case. Here’s what might happen:

• Reinstatement and Back Pay: You may get your job back and be awarded back pay, which includes wages, bonuses, and benefits you would have earned.
• Compensatory and Punitive Damages: In some cases, you may be awarded damages for losses caused by the wrongful termination.
• Compensatory damages cover actual losses, such as lost wages and expenses related to finding a new job. Sometimes, you can also receive compensation for emotional distress.
• Punitive damages, on the other hand, are awarded to punish the employer for particularly harmful behavior and to deter similar actions in the future. However, punitive damages are less common and typically require clear evidence of malicious or reckless disregard for your rights.
• Settlements and Non-Monetary Resolutions: Cases often resolve through settlements before trial. Settlements can include monetary compensation, non-monetary terms, or other creative resolutions.

How to Prevent Wrongful Termination?

Preventing wrongful termination is crucial for both employers and employees. It ensures a fair workplace and minimizes legal disputes. Here’s how both parties can work towards prevention:

For Employers: Best Practices for Termination Procedures

1. Develop Clear Policies: Employers should have clear, accessible policies on conduct, performance, and termination.
2. Document Everything: Keep detailed records of performance, disciplinary actions, and termination reasons.
3. Train Managers: Train managers on company policies and legal aspects of employment and termination.
4. Conduct Fair Evaluations: Regularly review employee performance fairly and consistently.
5. Communicate Clearly: When termination is necessary, clearly communicate the reasons to the employee.

For Employees: Understanding Your Rights and Staying Informed

1. Know Your Rights: Understand your rights under employment laws, including what constitutes wrongful termination.
2. Review Employment Documents: Familiarize yourself with your employment contract and the employee handbook.
3. Keep Records: Maintain records of your job performance, recognitions, and communications with supervisors or HR.
4. Seek Clarification: Ask for clarification if you’re unsure about any policies or actions taken by your employer.
5. Consult Legal Advice: Consult an employment law attorney if you believe you’re facing wrongful termination or discrimination.

Why Do I Need a Wrongful Termination Attorney in Houston, Texas?

When facing wrongful termination, hiring an attorney who is proficient in this area can be a game-changer. These legal professionals bring a wealth of knowledge and experience to your case, providing support and guidance through a challenging time. Here’s how they can help:

• Case Evaluation: They’ll determine if you were wrongfully terminated by reviewing your dismissal details and the applicable laws.
• Legal Advice: They’ll provide advice based on their evaluation, including your chances of winning a lawsuit and whether it’s better to settle or go to trial.
• Representation: If your case has merit, they’ll represent you in all legal proceedings, including negotiations and court battles.
• Paperwork and Documentation: They’ll handle all the paperwork and ensure everything is submitted correctly and on time.
• Emotional Support: They’ll provide emotional support, answer your questions, and guide you through the process.

They aim to get you compensation or reinstatement and ensure your rights are protected. With their knowledge and experience, you can navigate wrongful termination challenges more confidently.

Call our Wrongful Termination Attorney in Houston, Texas Now!

Under federal and state law, many protections are granted to employees to preserve peace and harmony within the workplace against employers who are not treating their employees properly. If you are facing difficulties as a result of wrongful termination, don’t be afraid to speak up. Seek help from a wrongful termination attorney in Houston, Texas.

Leeds Law Firm can help you assert your rights and preserve your peace of mind. For almost a decade, we’ve been helping hundreds to thousands of individuals in Texas who have experienced workplace discrimination and wrongful termination. Our reputation manifests our excellence in every endeavor we undertake. We aim to provide personalized legal services to ensure your concerns are handled directly.