BusinessWhat Constitutes Wrongful Termination? A Legal Overview

What Constitutes Wrongful Termination? A Legal Overview

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Sometimes, people get fired from their jobs without knowing any reason. They put in years of hard work and yet get fired in the blink of an eye without having any good reason for it. If you are someone who got fired from their job just because of your retaliation to something or because of some other illegal reason, you are entitled to file a lawsuit against the employer. 

It will help you if you get any lost wages, and you may get your job back as well. In Texas, there are laws that protect individuals’ rights against such exploitation. Texas has its own employment laws that you should be aware of, and if you are not already aware of them, then educate yourself about them. 

You would only be able to protect your rights when you know where the problem is and what you can do about it. Sometimes, employers also use some made-up reason, such as the employee being late or not performing their duties well, to terminate the worker. 

The Law Office of Jeffrey A. Goldberg provides help to individuals who are facing such issues. Contact them and get your problem resolved. 

What does a breach of contract include?

There are also employment contracts under which employees might be working; not all of them are at their will. Such an agreement has terms, and the terms for when the employee can be terminated are also written. Basically, the employer can only terminate the person from their job for the cause they have given in their contract. 

If the reason for which they have fired the employee is not written in the contract, the employee has the right to file a lawsuit against wrongful termination. It will come under a breach of the contract. The contract will also have to give the employee their pay or whatever was lost because of them. 

What can be the possible causes of wrongful termination?

It is usually retaliation and employment discrimination that results in wrongful termination. Furthermore, if there is discrimination involved, then a person cannot discriminate based on the following criteria:

  • Sexual orientation of the person 
  • Color
  • Sex
  • Disability 
  • Religion 

In the case of some state laws, they also provide some extra protection other than the discriminatory laws that are already there. For employment discrimination, marital status is seen as a protected class, but it is not the same in federal regulations. 

What does proving unlawful termination include?

It is not easy to prove unlawful termination. Even when the employee and the employer know that it was done unlawfully, if there is no proof of it, then it would not be easy to win the case. There has to be some proof in writing in order to prove the other party guilty. 

As far as harassment and discrimination are concerned, they take place only behind closed doors. Thus, you will have to dig deeper in order to get some proof of what led to the termination. It would help if you looked into what exactly happened right before the employer fired you. 

To give you an example, if you are an employee and you were doing great at your job, and you had positive reviews regarding your performance on various tasks, then you may question the sudden termination. In such cases it can, the discrimination that led to the sudden termination, or if you got a bad review right before you were fired, is also suspicious. 

Furthermore, if you are not being included in the meetings or there are signs of discriminatory behavior, you can take note of it. This can also help in proving wrongful termination.

How can a lawyer help?

A lawyer can help you by gathering evidence for your case and proving your innocence. They can use different strategies to make your case stronger and get you the compensation you deserve. You will also get lost wages if involved. 

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