Dallas Wrongful Termination Lawyer
Texas employment law firm provides advice and advocacy on dismissal issues
A firing can be devastating to a worker and their family, but if an allegation arises regarding the legality of the dismissal, an employer could also face significant problems. Dallas employment attorney Steve Kardell has more than 35 years of experience assisting clients with matters related to wrongful termination law. Though Texas has an at-will employment standard that allows businesses to fire employees for any reason, or no reason at all, a firing based on illegal discrimination, retaliation or a contract breach might meant that the victim can recover back pay and other forms of legal relief. Whether you are considering bringing a wrongful termination action, are defending against an accusation or looking to guard against future claims, you can rely on the firm.
Discrimination-based wrongful termination claims in Texas
The Texas Labor Code and federal law bars employers from dismissing workers or taking other adverse job actions on the basis of the following protected personal characteristics:
- Race, color and national origin
- Disability status
Attorney Steve Kardell helps employers create policies and procedures to minimize the likelihood of wrongful termination claims stemming from charges of discrimination. The firm also represents clients in administrative proceedings and lawsuits
Reaction against a whistleblower
Employees have the right to report workplace misconduct without worrying about being fired. This is why managers and companies must be careful that a dismissal is not interpreted as whistleblower retaliation. Some claims arise when a purported whistleblower says they were fired because they reported fraud or illegal behavior committed by their employer. Other cases stem from situations where someone is let go after complaining about discrimination or sexual harassment. Often, the employer will give a non-retaliatory reason as to why the individual was dismissed, and the case will turn on whether a causal connection exists to the allegedly wrongful termination claimant’s protected activity.
Employment contract-based wrongful termination claims in Texas
When the employer-employee relationship is governed by a contract, the provisions of the agreement might confer rights on a worker that typically don’t exist under the at-will employment system. Some employees might have the contractual right to a specific review or appeal process before being dismissed. A terminated worker could also have rights to severance pay or other benefits in the event that their employment ends prior to their contract end date. Whether you are the employer or employee, Attorney Steve Kardell can thoroughly analyze the relevant agreement language and protect your contractual rights if a dispute over the firing arises.
Statute of limitations for wrongful termination claims in Texas
Wrongful termination claims based on alleged discrimination or retaliation can be filed with the Texas Workforce Commission for 180 days following the date of dismissal. For EEOC actions based on purported violations of federal law, the deadline can be extended to 300 days. Employment agreement-based wrongful termination cases follow the standard four-year statute of limitations used for contract disputes within the state.
What types of remedies do claimants receive in wrongful termination cases?
A successful wrongful termination claimant is eligible to receive several different forms of legal relief, with the specific remedy depending on the particular circumstances. Back pay is commonly awarded for the time that the individual was out of work, and damages might also be granted for any negative effect on future earning ability stemming from the firing. An unjust dismissal could lead to emotional, or even physical, consequences, and a claimant could receive compensation for the harm that was done. Courts less frequently issue orders restoring the worker to their job, requiring the employer to make changes to their employee review process and awarding punitive damages to the claimant.
Contact a Texas employment lawyer to discuss your wrongful termination issue
Steve Kardell, Attorney at Law in Dallas represents Texas clients in wrongful termination matters. For a consultation regarding your specific needs, please call 214-306-8045 or contact Steve online to schedule a meeting.