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Have you been fired recently? You might be wondering if you have grounds for a wrongful termination lawsuit. Figuring out your rights under Texas and Federal employment laws is a daunting task. If your employer is taking illegal action against you, it is in your best interests to contact an experienced lawyer. The Miller Law Firm handles all types of employment and wage related cases on behalf of Texas employees. Contact us now for a free case evaluation.
Common types of Employment Law Claims
There are many types of violations that employers commit against their employees. You may have found yourself the victim of one of the following:
Sexual harassment is one of the most common types of employment lawsuits. Examples of sexual harassment include; name calling, inappropriate/explicit jokes or gestures, making suggestive comments about your appearance or cornering you in a tight space. Above all, the most obvious form of sexual harassment is sexual assault. This includes any unwanted touching, kissing, groping, slapping, pinching or rape.
Not all harassment is sexual in nature. Verbal harassment can be just as uncomfortable. For example, employees can be mistreated based on popularity, race, religion, gender and several other reasons. All of which can contribute to an unhealthy work environment.
If you are not protected by an employment contract your employer can fire you at any time without it being a wrongful termination. However, if you were fired for any of the following reasons you might be able to file a wrongful termination lawsuit. Pregnancy, retaliation, discrimination, disability or because of family/medical leave are all illegal reasons for termination.
Discrimination in the workplace based on race, color, religion, sex, national origin, age, pregnancy, height, weight, disability and genetics are all illegal. As a result, if you are treated unfairly or fired for any of these reasons you might be able to file a claim against your employer.
In Texas, employers are required to pay their employees one and a half times a worker’s regular rate of pay for all of the hours over 40 each workweek. Even some salaried, commissioned or other non-hourly employees might be owed overtime.
Wage and Hour Violations
Examples include if you worked hours you were not paid for, or asked to run errands or complete tasks off-the-clock. You might have had hours deducted from your time card or been misclassified as exempt from overtime. Additionally, if you were misclassified as an independent contractor you might be owed wages.
Retaliation is a broad term that includes adverse action taken against an employee after the employee has filed a complaint. That is to say, it’s a type of punishment the employer issues against the employee for exercising his or her rights. But this is illegal. Employers will often demote, deny benefits or discharge employees to accomplish this retaliation.
Family and Medical Leave Violations
Unfortunately, no one plans them but medical and family emergencies happen. Employers may try to force their employees to not miss work during a family emergency or even threaten to fire them for missing work. But, employees are protected under the Family and Medical Leave Act (FMLA) to have unpaid, job-protected leave under certain medical circumstances. These can include the birth of a child, being sick or injured or needing to take care of a sick or injured loved one. If you were fired for attempting to take FMLA you might have grounds for a wrongful termination case.
Misclassification as an Independent Contractor
If you have been misclassified, you are likely missing out on full pay, benefits and important legal protections. Employers will try to classify workers as independent contracts so they can save money. For instance, employers do not have to pay for benefits such as health insurance or PTO for independent contractors. Additionally, the employer will save on taxes by passing the tax liability to their employees.
Protect your Rights
In conclusion, if you believe your employer has committed any of these acts or you were fired illegally, talk to a Texas employment lawyer. Our employment discrimination attorneys have extensive experience in helping victims get the compensation they deserve after unfair labor practices.
The Texas Bulldog can help you sort through the facts and assess the strength of your case against your current or former employer. You might be able to get your job back, negotiate a severance package or take them to court. Our attorneys will give you a free case evaluation where they will explain your options and answer any questions you may have. So call us now.
How Much Will It Cost to Hire an Employment Attorney
The Texas Bulldog will never charge anything unless he wins your case. We have a contingency fee contract, which means The Miller Law Firm will not get paid unless you recover money. Additionally, our firm will cover all the costs associated with researching your case, prosecuting and litigation. We will also cover the costs of doctor visits, court visits, loans for living expenses and if we need to hire an expert for trial. If The Texas Bulldog wins your case, we’re reimbursed those costs. If we’re not successful, then we lose those costs.
Contact Our Law Firm
At The Miller Law Firm, we focus on helping injured victims and their families get the most they deserve of their financial recovery. We know that the success of your case depends on our hard work and dedication. Our attorneys will always go the extra mile from the initial investigation through all facets of the legal process to help you get the best outcome possible. The Texas Bulldog will fight aggressively to ensure that you receive a favorable outcome for your case, whether negotiating with an insurance company or taking a case to trial. Contact Us today by calling 713-572-3333 to schedule a free consultation. Our attorneys are available to discuss how we can help you favorably resolve your case.