If you believe you’ve been wrongfully terminated, you have the right to file a claim against your employer. This is a legal action, and you may be entitled to compensation, reinstatement to your job, or unemployment benefits. Here are some important questions you may be considering:
- What is considered wrongful termination in Texas?
- Time constraints
- Legal documents needed
- Before you file with the EEOC / TWC
What is considered wrongful termination in Texas?
Texas is an “at-will” state. This means that either the employer or the employee may end the employment relationship for any reason, or no reason, at any time. However, some reasons for termination are not permitted under Texas and federal law.
Wrongful termination is any termination that occurs when you are fired:
- Because of your race, religion, gender or gender preference, national origin, or other protected category
- For retaliatory reasons, such as whistleblowing, harassment, or reporting an unlawful act
- For refusing to violate a state or federal law or for engaging in a lawful act (such as jury duty or union activities)
- In violation of an employment contract or collective bargaining agreement
- For performing military service, including with with the National Guard or Reserves
There may be other types of wrongful termination. An employment law firm, like our team here at Jackson Spencer Law, can advise you if your situation qualifies.
Time constraints on wrongful termination claims in Texas
Filing deadlines for wrongful termination claims are very short. Depending on the nature of your claim and the type of employer, you may have as few as 45 days to bring a claim after you’ve been terminated. It is essential you speak to an attorney immediately if you suspect you were wrongly terminated.
If your termination involved discrimination, harassment, or retaliation, you must file a claim with either the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC). You have 180 days from the date of termination to file with the TWC and 300 days to file with the EEOC.
If your case involves union activity or federal law violations, you must file your claim with the National Labor Relations Board (NLRB). You also have 180 days to file, unless you work for a federal agency. Then you must file a claim with the EEOC or NLRB within 45 days of the alleged violation.
The Texas Workforce Commission (TWC) has all the documents and links you need to file your claim. Your report should begin with the TWC.
Legal documents needed for a wrongful termination claim
As the claimant in the case, you must prove your claim of discrimination or wrongful termination. Almost everything is filed online these days, so if you don’t have access to a computer, you’ll need to go to the public library or your attorney’s office.
Proving wrongful termination can be difficult. You must show that you were intentionally fired for a wrongful reason. Things that can help show this include:
- Your employment records, performance reviews, time sheets, employee handbook and pay stubs
- Emails and texts from your workplace
- Witness statements, if you can obtain them. Your attorney will need names and contact information for your co-workers
- If you were involved in a mass layoff, a list of other workers who were fired or laid off and those who were not
You and your attorney must demonstrate that you were targeted for termination for reasons other than your job performance. Even in cases of reductions-in-force or layoffs, however, you may still have a case if you were wrongfully selected for layoff because of your race, gender, age, disability, religion, color, national origin or in retaliation for engaging in protected activities such as making a complaint of discrimination.
Before you file with the EEOC / TWC, consult a wrongful termination attorney
Proving wrongful termination in an at-will state is difficult. Your employer can let you go for no reason at all, so showing that you were fired for an unlawful reason can be difficult. You will need to prove that you were fired for an unlawful reason.
The average person not legally trained should not try to do this alone. You need help from a skilled employment law attorney. An attorney knows the deadlines and the documents needed to make your case and get your claim processed immediately. Jackson Spencer Law has been fighting and winning cases in the Dallas-Fort Worth area for employees for over 10 years. Call us for a free, no-obligation consultation on your case.
