This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
Under both state and federal law, it is illegal to discriminate against an employee based on their medical condition when making employment decisions—including hiring, firing, promoting, and demoting.
Because Texas is an “employment at-will” state, an employer can fire an employee at any time for any lawful reason. Any lawful reason for termination may include a bad reason or no reason at all.
Yes, an employer is entitled to fire an at-will employee without notice, but the reasoning for the firing must always remain lawful. If it comes to light that a firing was done for unjust or unlawful reasons, a wrongful termination claim can ensue.
Wrongful termination is any termination that occurs when you are fired: Because of your race, religion, gender or gender preference, national origin, or other protected category. For retaliatory reasons, such as whistleblowing, harassment, or reporting an unlawful act.
Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth.
For instance, it would be illegal for an employer to terminate an employee because of race, religion, age or disability discrimination or retaliation. Other examples would include terminating an employee because the employee disclosed she was pregnant, or because the employee made a workplace safety complaint.
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.
Employees must establish the existence of an employment relationship, the circumstances of their termination (whether direct or constructive), and evidence indicating unlawful motives behind the termination.