Wrongful Termination Lawyer in El Paso
Did you know that there are certain laws in place that can protect you if you feel like you’ve been wrongfully terminated? There are certain things you cannot be fired for and if you feel like you’ve been wrongfully terminated, working with a wrongful termination lawyer can help you determine if you have a case and what you can do if you do.
Do I Have a Case?
Not every termination case happens wrongfully. If someone fails to do their work, harasses or fails to get along with his or her coworkers, or if something else happens that goes against company policy, your employer may have valid grounds to fire you. In other words, not just everyone can file a wrongful termination case. In order to have a case, you must have been wrongfully terminated in regard to:
- Your race, gender, sexual orientation, religion, political views, etc.
- Sexual harassment
- Employers wanting to get out of being rightfully sued by you
- A complaint you filed against your employer
- A recent pregnancy
Or in violation of:
- Labor, federal, and state laws
- Company policies
- Written or oral agreements between you and your employer
If you’re not sure if you have a case or know for sure that you were terminated because of one of these reasons, a lawyer can help you build your case against your former employer.
What You Can and Cannot Be Fired For
While some employers may abuse their power and terminate employees wrongfully, there are many legitimate reasons why an employer may fire you. These include:
- Insubordination
- Sexual harassment
- Chronic tardiness or absence
- Criminal behavior
- Failing to do your job
- Frequently breaking company rules
- Sharing trade secrets
But there are many reasons why you can’t be, including:
- Reporting OSHA violations
- Discrimination
- Immigration status
- Pregnancy
- Declining to take a lie detector test
- Retaliating and whistleblowing
Wrongful Termination Laws in Texas
In Texas, termination laws are rather flexible. For the most part, an employer has free will to fire his or her employees, including having “no reason at all” to fire them. So long as they don’t fire someone due to discrimination or in violation of protective laws and policies, there are no restrictions. This can make putting together a suit that much more difficult.
However, if you and your employer agreed upon and signed a contract beforehand that discusses how and when you will leave their company, the employer will not benefit from being able to fire you at will. If they feel the need to terminate you, they will have to do so according to that contract unless you have violated it in some way.
The biggest exception to being an “at-will” company, or one that doesn’t create contracts with employees and pretty much has free will to fire someone, is if the company requires an employee to do something illegal and then fires the employee when they refuse to go through with the act.
What Will a Wrongful Termination Lawyer Do With Your Case?
In order to see if you have a case, and then build one from there, a wrongful termination lawyer will look at the evidence in the case, review any contracts you and your employer may have had, and check to facts to see if they are grounds for termination. If you don’t have grounds to sue, they will let you know. That way, you won’t waste time or money trying to file a suit that’s just going to be rejected. But if you do have grounds, they’ll be able to give you the next steps you should take to go through with your suit.
Why Should I Work With a Lawyer?
Going through with a suit can be a long, difficult process. A lawyer will be able to help you accurately file your claim, understand the legal jargon, and move through the process more efficiently than going it alone. If you need a lawyer to help you with a suit, The Law Office of Perry Pinon can help you. Call us today!