How to identify wrongful termination

On Behalf of | Sep 13, 2019 | employment law | 0 comments

Losing your job in Texas can be a traumatic event, and it may feel even worse if you believe your termination was unfair. In some cases, an unfair termination may signal an illegal action on the part of your employer. At the Law Offices of Kell A. Simon, we often help clients evaluate whether their employer wrongfully terminated them.

Your first reaction to being fired may be negative, but FindLaw notes that you should be careful not to do or say anything that may seem inappropriate. If you decide to file a claim of wrongful termination, you do not want your employer to have any evidence that you really were in the wrong. With this in mind, do not post anything about your employer, manager or co-workers on social media. Posts and comments about the situation could be construed as slanderous or threatening.

Texas is an at-will state, but if your employer has given you an employment contract, or there is an employee manual, go through these to make sure there are no specifically stated grounds for termination that you may have violated. Request that the HR department or your supervisor allow you to review your personnel file, and ask for a statement in writing explaining the reason for your termination. See if you can find out who was responsible for the decision to fire you.

If you still believe the company does not have justification for firing you, consider whether you have recently taken a protected action such as reporting discrimination or illegal activity, or taking part in an EEOC investigation. This could indicate that your employer was acting in retaliation. Also evaluate whether you could have been discharged because of your race, gender or other protected classification. More information about filing a wrongful termination claim is available on our webpage.