Although the phrase “wrongful termination” is often used when an employee is unfairly or unlawfully fired from his/her job, there is no legal cause of action for “wrongful termination.”  What that means is that, in Texas, an employee cannot sue his/her former employer based on the sole theory that he/she was “wrongfully” fired.  However, there are several potential legal claims that an employee may be able to pursue if the actions of his/her employer violate any employment law.

What is “Wrongful Termination?”

Just because your employer fires you without a good reason does not necessarily mean that you can pursue a claim against that employer.  Just because your employer fires you because they feel like there is a personality conflict with you, it does not necessarily mean that you can that you can pursue a claim against that employer.  An employee may be able to pursue a legal claim against his/her former employer if the termination was based on discriminatory reasons, retaliatory reasons, in breach of an employment contract, or in violation of some other law or public policy.

Additionally, if you do ultimately have a potential legal claim against your former employer, there may be certain steps you have to take before you can actually file a lawsuit.  If you believe you have been terminated based on some unlawful reason, it is important that you contact a wrongful termination attorney to discuss your legal rights.  Timing is very important, and you may lose your right to pursue a claim if you let too much time pass.

While employers are not obligated to offer a severance payment to a terminated or laid-off employee, there are various situations in which employers do.  A severance payment is generally offered with various conditions for the employee.  Most importantly, a severance agreement will more often than not contain a waiver of any legal claims that the employee may have against his/her employer. The agreement may also waive your right to ever work for that particular employer in the future.  It is very important to carefully review all of the language contained in a severance agreement because it may affect your legal rights.

Before You Sign

If you have been provided with a severance agreement by your current or former employer, it is wise to have an experienced employment law attorney review the severance agreement on your behalf.  An attorney can advise you about the potential ramifications of the agreement, and may be able to negotiate a higher severance payment. It is very important to speak to an attorney before you sign the agreement.

The federal law that protects employees from unfair pay practices is the Fair Labor Standards Act (FLSA).  The FLSA requires employers to pay their employees at least the federal minimum wage (which as of today is $7.25 per hour) and overtime pay (equal to 1.5x the employee’s regular hourly rate) for all hours worked over 40 in any given work week.  This applies to “non-exempt” employees who work for most private and public employers.

Many employers will try to skirt the requirements of the FLSA by either misclassifying employees as “exempt” when they are actually “non-exempt”, paying non-exempt employees on a salary basis, or not paying for overtime hours worked.  It is not always a simple test to determine whether or not your job is exempt or non-exempt, so if you believe that you may have been misclassified as an exempt employee, you should contact a wage claim attorney who can inform you of your legal rights.

Wage Claim Attorneys and Retaliation Complaints

The FLSA also protects employees from retaliation for filing a complaint or cooperating in an investigation into allegations of minimum wage or overtime pay violations by employers.  You have the right to file a claim with the Wage and Hour Division of the U.S. Department of Labor or filing a private cause of action to recover damages if you have been terminated or discriminated against in some other manner by your employer.  Again, if you believe that you have been discriminated against or fired for having complained about wage or overtime violations by your employer, contact a wage claim attorney to discuss your legal rights.

While it can oftentimes be discounted as a workplace problem of the past, it is still all too common for employees to be subjected to sexual harassment at work.  Between 2010 and 2013, the EEOC received between 7,000 and 8,000 Charges of Discrimination each year; more than 30,000 over a four year period.   And while the majority of sexual harassment complaints come from women, approximately 17% of all complaints were from male employees.

How To Handle Sexual Harassment In The Workplace

Untold numbers of potential sexual harassment claims go unreported to the EEOC every year.  This is oftentimes attributed to the fact that employees are afraid that they might be fired if they report the sexual harassment to a supervisor or human resources.  Additionally, many employees are simply not aware of their legal rights.  It is very important that an employee experiencing sexually harassing behavior make it known that the behavior is unwelcome.  This can be achieved by either directly informing the harasser that the behavior needs to stop, or reporting the behavior through the employer’s human resources department or externally to the Texas Workforce Commission or EEOC.  Once the report/complaint is made, it is unlawful for an employer to retaliate against an individual who has complained about sexual harassment in the workplace.

Whether you know that you are being subjected to sexual harassment in the workplace, or you are uncertain if the behavior of your supervisor or co-worker constitutes sexual harassment, it is important to contact an attorney who understands the ins and outs of a sexual harassment complaint.  The sexual harassment attorneys at Howard & Kobelan are there to answer any questions that you may have.

If you are experiencing sexual harassment in the workplace, contact an attorney who understands the requirements of sexual harassment complaints.

Our firm has represented hundreds of individuals in filing Charges of Discrimination with the Texas Workforce Commission (TWC) and Equal Employment Opportunity Commission (EEOC). Recently, we received a call from someone who had suffered from ongoing sexual harassment throughout her employment. After repeatedly denying the advances of her supervisor and complaining to Human Resources, she was fired from her job. Not knowing her legal rights, and afraid to talk about the situation, she waited a year before reaching out to an attorney. Unfortunately for her, it was too late to pursue a claim against her former employer.

Employment Discrimination Complaints

In pursuing employment discrimination complaints in Texas, you must file a Charge of Discrimination with the TWC within 180 days of the wrongful conduct and with the EEOC within 300 days of the wrongful conduct. If you miss these deadlines, you have likely lost your legal right to pursue a claim of discrimination. If you believe that you have been discriminated against in your current or former job, it is imperative that you contact an employment discrimination attorney as soon as possible to know and preserve your rights.