In many states, an employee can be terminated for no reason whatsoever. However, this does not mean that it is legal to terminate employees for reasons that are against the laws of the nation. Wrongful termination in Texas, if linked to discrimination can end in the employee hiring a lawyer, taking the employer to court, and possibly being awarded for damages and lost wages.
Age Discrimination
Wrongful termination in Texas includes any type of age discrimination. Some employers may be accused of thinking that it is better to use the younger, faster, more technologically advanced younger generation for work. It is considered wrongful termination to terminate someone’s employment based on his or her age if the employee is in the protected class of age 40 or older.
If a court finds that the employee was terminated due to his/her age, then the employee may be entitled to compensation for damages and lost wages. It is best to consult a lawyer that specializes in these matters in order to determine if the employee does indeed have a case. Likewise, the employer should also consult with a lawyer who specializes in employment law to determine what defenses may be available to the employer.
Gender Discrimination
Despite the advances in modern society, there is still some belief that some employers feel men are better than women are and can do a better job. It is unlawful to terminate anyone based on his or her gender. Failure to promote a woman because of her gender or even to terminate a man based on his gender could be discrimination and grounds for a lawsuit.
These are just a few ways wrongful termination can be linked to discrimination, and end in a lawsuit.
LAW OFFICE OF JOHN W. KELLY, JR.
