EMPLOYMENT CLAIMS

Texas is an “at will” state.  That means that an employer can fire an employee for any reason so long as the firing does not violate a law.  It also means that an employee can quit his employment with no fear of penalty.  Unless you have a contract with your employer, you are an “at will employee.”   A contract of employment generally provides for an agreed upon pay for a specific period of time.  For example, a contract may say that the term of employment is one year at a rate of $50,000.00 per year.  Generally, contract employees can only be discharged in the event of a violation of the contract, or in other words, termination for cause, abandonment of the job, etc.

If you do not have an employment contract, you are an employee “at will.”  The following statutes are some of the most commonly relied upon laws for protecting “at will” employees:

• State of Texas Protections Against Discrimination and Sexual Harassment
• Federal Protections Against Discrimination and Sexual Harassment
• State of Texas Protection Against Workers Compensation Retaliation
• Family Medical Leave Act (FMLA)
• Americans With Disabilities Act (ADA)
• Texas Whistleblower

Employment law is a complicated practice area.  The laws are constantly changing and there are deadlines that are not commonly known by most attorneys.  It is important that you are represented by a firm with experience in employment law.  Only an experienced employment attorney will be able to answer the following commonly asked questions:

1. I have been discriminated against.  Should I quit my job?
2. Will I lose my job if I file a claim of discrimination?
3. I was fired because of discrimination.  Can I get my job back?
4. My employer has an arbitration clause/arbitration agreement.  Can I still file a discrimination claim?
5. If I lost my job because of discrimination, do I have to find a replacement job or can I recover my lost wages at the trial?