Wrongful Termination

Your employer does not have the right to demand that you perform an illegal act and then fire you for refusing to illegally perform the act. This is commonly referred to as a Sabine Pilot claim, Wrongful Termination or Wrongful Dismissal referring to the case law that supports these types of cases. If your employer orders you to do something that you know is in violation of a criminal statute or carries a criminal penalty, you should refuse to perform the act. If your employer fires you for refusing to act, you have been wrongfully terminated and you may need to speak to our wrongful termination lawyer in Houston, Dallas, Austin, San Antonio or anywhere in Texas as soon as possible. The burden of proof is on the plaintiff and it must be proven that this is the only reason the Plaintiff was fired. Your employer cannot retaliate against you for asserting your legal rights, for engaging in legal conduct, for your political beliefs and for many other reasons.

Employers do not have the right to terminate you for discriminatory reasons. The traditional forms of discrimination based on race, color, religion, national origin, disability and age, all apply to your employer's right to terminate you. In a right to work state, the employer may terminate you for no reason, however, they may not discriminate against you for an illegal reason in the termination. Many state and federal laws exist to protect you from wrongful termination. Research of the applicable laws is necessary for each case in order to determine which applicable laws apply to the fact pattern supporting legal claims.

Retaliation Discharge can occur in any number of situations related to sexual harassment, discrimination, or Sabine Pilot claims. The adverse actions of retaliation must be proven to be the result of the claim being made. Constructive discharge is also related to other types of wrongful acts by an employer including; breach of employment contract, sexual harassment, discrimination, Sabine Pilot and retaliation. One of the great necessities in a constructive discharge case is to prove that you were negatively treated to a greater degree of severity than other employees in your position with your employer.

Our firm handles an array of wrongful termination from employment claims for clients located in Texas, (including Austin, Houston, Dallas, Fort Worth, and San Antonio),
including those arising out of:

Breach of Employment Contract Termination, Sexual Harassment Termination, Discrimination Termination, Sabine Pilot Termination, Retaliation Termination, and Constructive Termination

Even if you decide not to challenge the legality of your firing, you will be in a much better position to enforce all of your workplace rights if you carefully document what happened. For example, if you apply for unemployment insurance benefits and your former employer challenges that application; you will typically need to prove that you were dismissed for reasons that were not related to your misconduct.

There are a number of ways to document what happened. The easiest is to keep an employment diary where you record and date significant work-related events such as performance reviews, commendations or reprimands, salary increases or decreases and even informal comments your supervisor makes to you about your work. Note the date, time and location for each event, which members of management were involved, and whether or not witnesses were present and their names. Whenever possible, back up your log with materials issued by your employer, such as copies of the employee handbook, memos, brochures, employee orientation videos, and any written evaluations, commendations or criticisms of your work. However, it would most likely be considered wrong to take or copy any documents that your employer considers confidential and this will be acknowledged if you decide to file a lawsuit. If a problem develops, ask to see your personnel file. Make a copy of all reports and reviews in it. Also, make a list of every single document the personnel file contains. That way, if your employer later adds anything, you will have proof that it was created after the fact.

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