Some of the most common examples of wrongful termination include the following. Retaliation for a Workers' Compensation Claim. Retaliation for Reporting Sexual Harassment. Age Discrimination. Racial Discrimination. Whistleblower Retaliation. Violating the Family and Medical Leave Act (FMLA)
Documentation plays a crucial role in bolstering a wrongful termination claim in Texas. Keeping records of employment contracts, performance evaluations, emails, and any incidents of discrimination or retaliation can provide valuable evidence to support your case.
Is there an average settlement in wrongful termination cases? Wrongful termination settlements are determined case-by-case. Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 – $300,000, depending on the number of employees working for the employer's business.
To prove wrongful dismissal, you will need to be able to show that your employer fired you without cause and without providing the proper notice or severance. Each of these elements must be proven to be able to seek compensation for a wrongful dismissal case.
Your termination could be wrongful if your employer fired you: Due to discrimination. In violation of a federal or state labor law. Because you reported and refused to participate in harassment. Because you reported and refused to conduct an illegal act or safety violation.
Once you have filed a claim with the appropriate government agency, you can move forward with filing a lawsuit against your employer. For a wrongful termination lawsuit, you have two years to file.
Proving wrongful termination in Texas can be a complex endeavor due to the nuances of employment laws and the need for substantial evidence. Employers often conceal unlawful motives behind seemingly legitimate reasons for termination, making it challenging for employees to substantiate their claims.
Filing a Complaint The Texas Workforce Commission Civil Rights Division (TWCCRD) Employment Discrimination Inquiry Submission System (EDISS) is the method to submit your employment discrimination complaint. It provides an ample amount of space to describe how you have been discriminated against.