Wrongful Termination / Discharge

Being terminated from employment can be very stressful and difficult, especially if it has been done illegally or without proper cause. Our firm represents employees affected by wrongful termination matters and helps them recover lost wages and damages.

Wrongful Termination Cases May Arise if an Employee was Terminated for the Following Reasons

Discrimination/Harassment:  An employer cannot terminate an employee due to race, nationality, religion, sex, age, or disability.  Other potential discrimination claims may exist depending on the local governing laws.

Retaliation: An employer generally cannot terminate an employee for filing a claim of discrimination or participating in a discrimination investigation, filing a whistleblower complaint, reporting sexual harassment or other wrongdoing, organizing a union, or taking time off for military service, voting, or reasons under the Family Medical Leave Act (FMLA).

Refusal to Commit an Illegal or Unsafe Act. An employer usually cannot terminate an employee who refuses to commit an act deemed illegal or unsafe.

Violation of Termination Procedures: An employee handbook or company policy often outlines the procedures an employer must follow before terminating an employee. If an employer terminates an employee without following the proper termination procedures outlined in the handbook or company policy, an employee may have a claim for wrongful termination.

Breach of Contract:  If an employee was terminated in violation of an employment contract or explicit promise concerning the duration of his or her employment or the circumstance under which he or she could be terminated.  Some employees are hired according to an employment contract and may have other rights besides those generally applicable.

Various Circumstances:

Other circumstances exist for wrongful termination, depending on whether the individual is employed in Mississippi, New Mexico, Arizona, Washington, D.C., or Massachusetts.

Pursuing a claim involves several steps for employees who believe they have been wrongfully terminated. Keeping detailed records of all communications and incidents leading up to the termination is crucial. Whether you are an employee seeking to challenge a wrongful termination or an employer aiming to defend against such a claim, having legal representation is essential. Employment law is complex, and the outcome of a case can hinge on the ability to navigate the legal system effectively and present compelling evidence.

To prove wrongful termination, you need to:

Gather evidence

Collect documentation that supports your claim. Get witness statements,  employment contracts, emails, pay stubs, time sheets, performance evaluations, and disciplinary records.

File a complaint

File a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission’s Civil Rights Division.

Act quickly

In Texas, the statute of limitations for wrongful termination claims is 180 days from the date of dismissal. However, depending on the circumstances, it can be up to 300 days.

Establish unlawful motives

You must show that your termination was illegal for a protected reason, such as refusing to break the law, exercising constitutional rights, or reporting a violation.

Respond to your employer’s explanation.

If your employer provides a written explanation for your termination, review it carefully and show that it doesn’t match the facts or suggests discrimination.

If your claim is successful, you may be eligible for lost wages, punitive damages, or job reinstatement.

When you hire our wrongful termination lawyer, Paul N Jones, he will guide you through the step-by-step legal process: explaining your rights, helping you gather supporting evidence, and filing the necessary paperwork on your behalf. Throughout the case, Paul N Jones will represent your interests, advocating for your rights in court if necessary.

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In addition to their legal experience, he will discuss with your former employer or their legal representatives, aiming to reach a favorable settlement. Through these negotiations, Paul N Jones Law Firm will fight for fair compensation and other remedies to help alleviate the financial and emotional burdens caused by the wrongful termination.