Wrongful termination can be a devastating experience, whether you are a business owner facing a claim or an employee who has been unfairly dismissed. For businesses, a wrongful termination claim can damage your reputation and bottom line. For employees, it can lead to financial hardship and difficulty finding new employment.
If you are dealing with a wrongful termination issue in Houston, time is of the essence. It’s crucial to seek immediate guidance. If your business is facing a wrongful termination claim, an experienced wrongful termination lawyer in Houston can provide robust defense strategies. Conversely, if you believe you have been wrongfully terminated, consulting a Houston wrongful termination lawyer is the first step to understanding your rights and options. At internetlawyers.net, we understand both sides of these complex cases, representing both employers and employees in Houston. This dual perspective allows us to provide comprehensive and effective legal counsel to all our clients.
Wrongful Termination: Defending Your Business in Houston
Terminating an employee is a common occurrence in the business world. Texas, being an at-will employment state, grants employers significant latitude in making employment decisions. Generally, employers are not required to provide extensive notice or justification for termination, provided the reasons are lawful.
While businesses have the right to terminate employees, it’s rarely done without cause. Most terminations stem from legitimate business reasons, such as:
- Poor Job Performance: Failure to meet job expectations and responsibilities.
- Violation of Workplace Rules: Not adhering to company policies and procedures.
More serious misconduct can also lead to termination, including actions that significantly harm the business or workplace environment. Examples include:
- Theft or Embezzlement: Stealing company property or funds.
- Fraudulent Activities: Deceptive actions that harm the company.
- Substance Abuse: Alcohol or drug use while at work.
- Workplace Violence or Threats: Creating an unsafe environment.
- Illegal Weapon Possession: Carrying weapons in violation of company policy or law.
- Legal Violations: Breaking federal, state, or local laws.
- Harassment: Unlawful harassment of colleagues.
- Insubordination: Refusal to follow lawful instructions from supervisors.
- Dishonesty or Misrepresentation: Lying or falsifying information.
- Misrepresenting Qualifications: Obtaining employment through false pretenses.
Aggressively Fighting Wrongful Termination Lawsuits in Houston
Employees who believe their termination was unjust or discriminatory have the right to file a wrongful termination lawsuit. However, an employee’s feeling of unfairness does not automatically equate to illegal termination. If your business had legitimate, legal grounds for the termination, you should vigorously defend your position.
A strong defense is essential from the outset. It should clearly demonstrate that the termination was based on legally permissible reasons. Key evidence to support your defense can include:
- Performance Reviews: Documented evaluations of employee performance.
- Written Warnings (Write-Ups): Records of disciplinary actions and performance issues.
- Records of Misconduct: Documentation of employee rule violations or inappropriate behavior.
- Company Policies and Procedures: Established rules and guidelines that employees are expected to follow.
- Attendance Records: Documentation of absenteeism or tardiness if relevant to the termination reason.
- Internal Investigations: Records of investigations into employee misconduct, if applicable.
It’s important to note that many wrongful termination cases in Texas are resolved outside of court, often through settlement or dismissal. Settlement can be a pragmatic solution, as litigation can be lengthy, expensive, and damaging to a company’s reputation. However, the best outcome is often achieved through a proactive and legally sound defense strategy developed with a knowledgeable wrongful termination lawyer in Houston.
To build the most effective defense, partnering with an experienced employment attorney is critical. The Houston wrongful termination lawyers at Feldman & Feldman are dedicated to protecting businesses. We will fiercely advocate for your company and help you implement preventative measures to minimize future risks.
Proactive Steps to Avoid Wrongful Termination Claims
Prevention is always better than cure. Taking proactive steps can significantly reduce the likelihood of wrongful termination lawsuits. The experienced wrongful termination defense lawyers at Feldman & Feldman in Houston can provide guidance on best practices for employee terminations, including these essential tips:
- Maintain Meticulous Documentation: Document every instance of employee performance issues or disciplinary problems, no matter how minor they may seem initially. Keep hard copies of performance reviews and ensure employees sign them. Maintain accurate records of timekeeping and any other relevant monitoring systems. Detailed documentation is crucial evidence in defending against wrongful termination claims.
- Establish Clear Employee Termination Guidelines: Implement well-defined protocols for employee terminations. Create specific, written guidelines for all managers authorized to terminate employees. This ensures consistency and fairness in the termination process and reduces the risk of arbitrary decisions.
- Mandatory HR Review of Planned Terminations: Before terminating any employee, always consult with your Human Resources department. HR can review the situation to ensure legal compliance and proper handling of the termination process. This step helps to identify potential legal risks and ensure that terminations are carried out lawfully.
- Set Clear Performance Expectations: Ensure employees have a clear understanding of their job responsibilities and performance expectations from day one. Provide regular feedback and inform employees promptly if their performance is not meeting expectations. Give employees opportunities to improve before resorting to termination. Clear communication and performance management can prevent misunderstandings and potential wrongful termination claims.
Filing a Wrongful Termination Claim as an Employee in Houston
If you believe you have been wrongfully terminated from your job in Houston, it’s vital to understand your rights and take action. As the employee, you carry the burden of proving that your termination was unlawful. If you suspect that your termination was based on illegal discrimination—related to race, color, religion, sex, gender, sexual orientation, disability, national origin, or age—it’s essential to consult with a workplace discrimination attorney immediately.
Our firm has extensive experience representing employees who have suffered workplace discrimination, harassment, and retaliation. If you have experienced any of these unlawful actions, contact our discrimination and harassment attorneys in Houston today. We can help you understand your rights and explore your legal options.
Understanding What Constitutes Wrongful Termination in Texas
Texas and federal laws protect employees from being terminated for unlawful reasons. Wrongful termination occurs when an employee is fired for a reason that violates these laws. Illegal reasons for termination include discrimination based on protected characteristics such as:
- Pregnancy
- Religion
- Race
- Gender
- Age
- Sex
- Disability
- National Origin
- Sexual Orientation
Furthermore, it is illegal to terminate an employee for exercising a legally protected right. This includes actions such as:
- Reporting Illegal Activities (Whistleblowing): Reporting illegal or unethical conduct by the employer.
- Filing a Discrimination or Harassment Complaint: Reporting unlawful discrimination or harassment in the workplace.
- Taking Protected Leave: Taking legally protected leave, such as FMLA leave or military leave.
- Participating in Workplace Safety Investigations: Cooperating with safety investigations or raising safety concerns.
- Filing a Workers’ Compensation Claim: Filing a claim for work-related injuries or illnesses.
Contact a Houston Wrongful Termination Lawyer Today
A wrongful termination lawsuit can have significant financial and reputational consequences for businesses. Feldman & Feldman is here to help. We provide proactive legal counsel to help businesses avoid wrongful termination claims by drafting comprehensive employment contracts and advising on legally sound termination procedures. Our extensive experience in commercial litigation equips us to effectively defend businesses facing wrongful termination lawsuits. We also offer legal advice to help your company minimize the risk of future litigation.
If you are an employee in Houston who has been wrongfully terminated, our attorneys are ready to fight for your rights. Contact us today to schedule a confidential consultation with a wrongful termination lawyer in Houston. Let us help you navigate this challenging situation and protect your future.
