In Austin, Texas, employers can terminate a worker at any time as long as they have a legal reason. But if you think you have been fired illegally, you may want to pursue a legal claim against your employer. However, wrongful termination is often challenging to prove, with a lot of factors that must be used for determining whether or not you can secure compensation. For you to have a good fight, you need to collect related evidence that proves the termination was unlawful and file documents promptly. An Austin employment law attorney can help you with all these, ensuring you don’t overlook an important step.
Unlawful kinds of termination are usually based on discrimination and retaliation for reporting discrimination in the workplace. Sometimes, employers may also fire workers for filing overtime wage claims, bringing workers’ compensation claims, or refusing to do an unlawful act for their employer.
Fighting Against Wrongful Termination
If you believe your termination was illegal, you need to bring a claim before the legal deadline expires. Otherwise, you will lose your chance to pursue compensation. Often, the statute of limitations or deadline begins on the termination date. You will usually have 180 days from the date you were terminated to file a claim with the EEOC or the Texas Workforce Commission.
Proving wrongful termination involves giving evidence that you have been employed by your employer and that the latter terminated this employment relationship. Again, proving wrongful termination can be hard. Your employer will not admit to an unlawful motive for terminating you to avoid legal liability. Rather, they will justify the decision by citing a reasonable reason for firing you. Thus, you need to present solid evidence to disclose the genuine discriminatory intentions of your employer and prevail on your claim. To win your case, you must be fired for an unlawful reason such as a breach of contract or workplace discrimination.
Wrongful Termination as a Result of Discrimination
The majority of wrongful termination cases are related to race, age, disability, sex, religion, and national origin discrimination. You will have a good case if you are a member of a protected class, have work performance that meets the legitimate expectations of your employer, and have sustained a negative employment action. Also, you must show that your employer gives workers who do not belong in your protected class more favorable treatment. In addition, wrongful termination lawsuits can also emerge based on retaliation. This is where your employer takes negative action against you for taking part in some activities protected under law the like reporting sexual harassment and discrimination or forming a labor union.
