- What is Wrongful Termination?
Wrongful termination may take many forms including, a violation of a federal or state statute or the common law of a state. This may include termination based on gender, race, color, national origin, age, sex, religion, disability, veterans’ status, sexual orientation, gender identity, or gender expression.
Under Texas law, an employee is protected who refused to commit an illegal act. In addition, Texas law also protects healthcare workers, including anesthesiologist, internists, surgeons, urologists, family physicians, emergency physicians, cardiologists, obstetricians and gynecologists, neurologists, radiologists, anesthesiologists, psychiatrists, dentists, optometrists, registered nurses, licensed vocational nurses, Residents, interns, medical students, licensed practical nurses, nurse practitioners, physician’s assistants, patient advocate, patient care technicians, pharmacists, pharmacy technicians, physical therapist, Phlebotomist, social workers, assisted care employees, and other healthcare workers.
In addition, various federal laws also apply to protect employees, including Sarbanes-Oxley, Dodd-Frank, the False Claims Act, the Fair Labors Standards Act, Surface Transportation Assistance Act, the Seaman Protection Act, the Pipeline Safety Improvement Act, the Consumer Product Safety Improvement Act, Federal Railroad Safety Act, The Energy Reorganization Act (ERA) of 1974, Moving Ahead for Progress in the 21st Century, the National Transit Systems Security Act of 2007, the Federal Food, Drug, and Cosmetic Act, The Consumer Financial Protection Act, the Department of Defense Authorization Act of 1987, the Anti-Money Laundering Act, The Criminal Antitrust Anti-Retaliation Act, or the Tax Payers First Act
2.What is at will employment?
At will employment generally authorizes an employer to terminate an employee without cause for any reason. However, the right to at-will employment is limited by certain statutory, common law and contractual. As a result, if you have been terminated in violations of a statute, common law, or contract, you may need to seek legal representation to evaluate your claim.
3.What is an Adverse Action?
Generally, to recover a wrongful termination claim, the employee must have suffered an adverse action. An adverse employment action in the context of a retaliation claim is not limited to conduct that constitutes ultimate employment decisions.” As a result, “individuals are protected from retaliatory actions that a reasonable employee would have found materially adverse.” “The inquiry is fact-specific because the significance of allegedly retaliatory actions often depends on the context in which it occurs.” This may include: Firing or laying off, Blacklisting, Demoting , Denying overtime or promotion, Disciplining, Denying benefits, Failure to hire or rehire, Intimidation, Making threats, including threats against the seaman’s credential, Reassignment affecting promotion or imposing more arduous duty, Reducing pay or hours, Shunning or isolation, and Constructive discharge.
4.How can I tell if I have been wrongfully terminated?
It may be difficult to prove or discover whether your employment has been wrongfully terminated. Generally, there are two ways of providing retaliation – direct or circumstantial evidence. The Circumstantial factors, including knowledge of the act, expressions of a negative attitude, violation of a policy or procedure, disparate treatment, evidence that the stated reasons are false, or the proximity in time between the protected act and the termination.
An employee must show that they engaged in a protected act, suffered an adverse action, and a causal connection between the protected act and adverse action. Proving a causal connection varies based on the statute. Some statutes under Texas law may even include a rebuttable presumption. Under many federal statutes an employee may only need to show that the retaliation was a “contributing factor” in the decision to take adverse action against them
5.Will I be protected if I report a violation of law?
Federal and state statutes vary depending on what types of reports are protected. In addition, laws will also vary regarding who a report should be made to. If you are contemplating reporting a violation of law, you may want to seek legal advice regarding the protection available under federal or state law.
6.How to file a lawsuit for Wrongful Termination?
Filing a lawsuit for wrongful termination will vary depending on the statute at issue, including whether a claim must be filed in an administrative court, federal court or state court. As a result, you should to seek legal representation to evaluate your claim if you believe you have been wrongfully terminated.
7.Is my employer required to give me a reason for a termination?
At-will employer are not required to give a reason for termination. However, hiding the reason for a termination may reveal a motive or intent to violate a statutory or common law right. And while at-will employment generally authorizes an employer to terminate an employee without cause for any reason, the right to at-will employment is limited by certain statutory, common law and contractual. As a result, if you have been terminated in violations of a statute, common law, or contract, you may need to seek legal representation to evaluate your claim.
8.Can I be fired if I haven’t received any negative evaluations?
Generally, an employer may terminate an employee, even if they have never received poor evaluations. However, this may provide important evidence that the employer has a retaliatory motive or intent to violate a statutory or common law right. As a result, if you have been terminated in violations of a statute, common law, or contract, you may need to seek legal representation to evaluate your claim.
9.My company did not follow their procedure in terminating me, what do I do?
Even though companies may establish policies and procedures that covers disciplinary processes, federal or state law does not require that companies actually comply with or follow these procedures. However, if an employer violated their own policies and procedures, this may provide important evidence that the employer has pretextually terminated the employee, and thus may have a retaliatory motive or intent to violate a statutory or common law right. As a result, if you have been terminated in violations of a statute, common law, or contract, you may need to seek legal representation to evaluate your claim.
10.Can I still file a wrongful termination claim if I quit my job?
Many federal and state statutes will allow employees who have been constructively discharged, to file a lawsuit. This means that even if an employee has not been fired, they may still may have been constructively fired if their job was particularly intolerable or difficult due to the retaliation or discrimination.
11.If I have been wrongfully terminated, should I get a new job?
An employee has a duty to mitigate their damages under state or federal law. This means that an employee should attempt to obtain alternative employment if possible. In addition, juries and judges generally look more favorably on employees who have sought to continue to work, even after experiencing retaliation.
12.How do you prove Wrongful Termination?
Generally, an employee must show that they engaged in a protected act, suffered an adverse action, and a causal connection between the protected act and adverse action. Proving a causal connection varies based on the statute. Some statutes under Texas law may even include a rebuttable presumption. Under many federal statutes an employee may only need to show that the retaliation was a “contributing factor” in the decision to take adverse action against them
Proving a wrongful termination claim may be difficult. Generally, there are two ways of providing retaliation – direct or circumstantial evidence. The Circumstantial factors, including knowledge of the act, expressions of a negative attitude, violation of a policy or procedure, disparate treatment, evidence that the stated reasons are false, or the proximity in time between the protected act and the termination.
13.How long do you have to file a wrongful termination lawsuit?
The statute of limitations for a wrongful termination lawsuit varies based on the type of violation and claim at issue. This may range from as short as 90 days to as long as 6 years. Contact the lawyers at Doyle Dennis Avery LLP for assistance in determining what the applicable deadlines may be.
14.Do I need to hire a lawyer?
Employment laws are particularly complicated and difficult to traverse. Because varying laws and deadlines apply to employment claims, it may be necessary to hire an attorney.
15.What type of damages are available?
The available damages for a wrongful termination lawsuit vary based on the type of violation and claim at issue. Damages may include, lost wages, double back-pay, mental anguish, punitive damages, and attorneys’ fees.
16.Do I have to pay for a consultation?
No. At Doyle Dennis Avery LLP we do not charge for consultations, and we only take cases on contingency fee.
17.What types of jobs are protected by whistleblower statutes?
Both state and federal law may apply to whistleblower claims. Under Texas law, an employee is protected who refused to commit an illegal act. In addition, Texas law also protects healthcare workers, including anesthesiologist, internists, surgeons, urologists, family physicians, emergency physicians, cardiologists, obstetricians and gynecologists, neurologists, radiologists, anesthesiologists, psychiatrists, dentists, optometrists, registered nurses, licensed vocational nurses, Residents, interns, medical students, licensed practical nurses, nurse practitioners, physician’s assistants, patient advocate, patient care technicians, pharmacists, pharmacy technicians, physical therapist, Phlebotomist, social workers, assisted care employees, and other healthcare workers.
In addition, many federal statues also protect whistleblowers. This includes: Commercial motor vehicles: Employees, contractors, and agents of commercial motor vehicle operators and carriers, freight handlers, forwarders, and brokers, mechanics, logistic companies, and leasing agents;
- Maritime companies: Employees, contractors, and agents of Cruise ships, Drilling vessels, Cargo Vessels, tug boats, Jack-up rigs, Crew boats, Dredges, Tankers, Research vessels; longshoremen, stevedores; deckhands, engineers/wheelmen; captains; dock workers; ship medics, welders, tool-pushers, roustabouts, and other maritime employees.
- Pipeline companies: Employees, contractors, and agents of operators, owners, fabricators, and installers.
- Railroad companies: Employees, contractors, and agents of Freight railroads, Long-distance, intercity passenger railroads, commuter railroads, Short-haul passenger service, high speed ground transportation systems that connect metropolitan areas; and tourist, scenic, and excursion railroads.
- Consumer Products: Employees, contractors, and agents of manufacturers, distributers, or assemblers of toys, cleaning supplies, appliances, furniture, technology, clothing, tools, games, paint, housing products, equipment, bicycles, and other consumer items.
- Motor Vehicle: Employees, contractors, and agents of car dealerships, motor vehicle manufactures, and part suppliers.
- Nuclear Energy: Employees, contractors, and agents of a nuclear power plant operator, entity responsible for construction of a nuclear power plant, Contractors or subcontractors of those entities, the contractors of the Nuclear Regulatory Commission; contractors and subcontractors of the Department of Energy that are indemnified by Department of Energy under the Atomic Energy Act, the Nuclear Regulatory Commission and Department of Energy.
- Public Transportation: Employees, contractors, and agents of bus systems, light rail, subways, commuter trains, and some ferries.
- Food Safety: Employees, contractors, and agents of grocery stores, food shipping; restaurants; food warehouses; food testing laboratories; large farms, grain elevators; feed and feed ingredient, pet food manufacturers; grain processors; liquid storage tanks, some biofuels producers; and exporters of grains, feed and feed ingredients, and processed commodities.
