How to File a Wrongful Termination Claim in Texas
If you believe you have been wrongfully terminated from your job in Texas, it is important to understand the process of filing a wrongful termination claim. Wrongful termination occurs when an employee is fired for an illegal reason, such as discrimination, retaliation, or breach of contract. Here is a step-by-step guide on how to file a wrongful termination claim in Texas.
1. Gather Evidence
The first step in filing a wrongful termination claim is to gather evidence that supports your claim. This may include:
– Documentation of the termination, such as a written notice or email.
– Any evidence of discrimination, such as discriminatory comments or actions by your employer.
– Any evidence of retaliation, such as being fired after reporting harassment or whistleblower activity.
– Any evidence of a breach of contract, such as a non-compete agreement or a promise of continued employment.
2. Consult with an Attorney
It is highly recommended that you consult with an attorney who specializes in employment law before filing a wrongful termination claim. An attorney can help you understand your rights and the best course of action for your situation. They can also review your evidence and advise you on the strength of your claim.
3. File a Charge with the Texas Workforce Commission (TWC)
The next step is to file a charge of discrimination with the Texas Workforce Commission (TWC). You must file your charge within 180 days of the date of the alleged discrimination or termination. To file a charge, you can:
– Visit the TWC website and complete the online charge form.
– Call the TWC at 1-800-252-3642 to request a charge form.
– Visit your local TWC office to obtain a charge form.
4. Prepare for the Investigation
After you file a charge, the TWC will investigate your claim. During this investigation, you may be asked to provide additional evidence or testimony. It is important to cooperate fully with the TWC and provide any requested information promptly.
5. Consider Mediation
In some cases, the TWC may offer mediation as a way to resolve your claim. Mediation is a voluntary process where a neutral third party helps both parties reach a mutually acceptable agreement. If you agree to mediation, you will work with a mediator to try to resolve your claim.
6. File a Lawsuit
If mediation is not successful or if you prefer not to participate, you may choose to file a lawsuit against your employer. To file a lawsuit, you will need to file a complaint with the appropriate court. Be aware that the statute of limitations for filing a wrongful termination lawsuit in Texas is two years from the date of the termination.
7. Follow Up
After you have filed your claim or lawsuit, it is important to follow up with the TWC or your attorney to ensure that your case is progressing. Be prepared to provide additional information or attend court hearings as needed.
Filing a wrongful termination claim in Texas can be a complex process, but understanding the steps involved can help you navigate the process more effectively. Remember to gather evidence, consult with an attorney, and follow the appropriate procedures to increase your chances of success.
