EMPLOYMENT AND WORKPLACE ISSUES | Wrongful Discharge and Discrimination

Texas is an “at-will” state

This means that, unless you have a written agreement that says otherwise, your employer may terminate the employment relationship at any time for any reason, except for certain limitations imposed by state and federal law.

Limitations

Both federal and state law prohibit an employer from discriminating against an employee or prospective employee, in its hiring, firing and managing of employees, on the basis of:

  • race and color
  • age
  • sex
  • religion
  • national origin
  • disability status
  • the employee’s
    • reporting violations of law in the workplace
    • opposing a discriminatory practice
    • filing a complaint
    • applying for and receiving benefits or an accommodation under workers’ compensation, medical leave or disability-related laws
    • testifying, assisting or participating in an investigation, proceeding or hearing
    • refusing to perform illegal acts

What to do if you are fired or discriminated against

If you believe you have been refused a job, terminated from a job, or been subjected to adverse action in your job because of any of these characteristics or actions, you should immediately seek legal advice, but be sure to gather the following information before you talk to a lawyer:

  1. Your name, date of birth address, phone number(s) and e-mail address
  2. Your employer’s name, address and phone number
  3. The names, addresses and contact information of other persons who might have knowledge about your case, such as co-workers, current and former employees of our employer, current and former supervisors, government agency investigators, and so on.
  4. Your income and benefits you are or were receiving from your employer
  5. A list of all crucial dates, including
    1. the date you applied for the job if you were turned down
    2. the date you were hired
    3. your current income and earnings history
    4. the date of each adverse action, including the date of termination if you were fired
  6. A description of the events that led up to the employer’s action
  7. Copies of all communications between you and your employer or your co-workers that might pertain to the reason for your employer’s action
  8. Copies of any employee handbook or policies and procedures handbooks issued by your employer to its employees
  9. If you are a member of a labor union, a copy of your union’s collective bargaining agreement (CBA) with your employer
  10. Documents such as pay stubs that show your income, from the entire time that you have worked for this employer
  11. Your work history, including training, income and benefits

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