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What are the steps to follow when filing a wrongful termination lawsuit in Texas?

Picture of Chris Battis By   ·  1 minute read

To file a wrongful termination lawsuit in Texas, the following steps need to be taken:

  1. Gather evidence: To prove wrongful termination, you will need to gather as much evidence as possible. This can include employment contracts, any communication regarding your termination, and other relevant documents.
  2. Consult an attorney: It is advisable to consult an attorney who specializes in employment law to review your claim and determine if you have a case. They will also guide you through the legal process and ensure that your rights are protected.
  3. File a complaint: Your attorney will file a complaint on your behalf with the Equal Employment Opportunity Commission (EEOC) or Texas Workforce Commission (TWC), depending on the nature of your claim. A deadline of 300 days from the date of discrimination has been imposed to file the claim.
  4. Investigation: The EEOC or TWC will then investigate the claim and conduct interviews with the employer, employee and witnesses to the alleged discrimination or retaliation.
  5. Mediation: The EEOC or TWC may offer mediation, which is a process in which an unbiased third party helps the parties to resolve their dispute by facilitating communication and negotiation.
  6. Settlement: If the parties are able to reach a settlement during mediation, an agreement will be drafted and signed by both parties. If the mediation fails or the claim is denied, the EEOC or TWC will provide a notice of right to sue, which allows you to file a lawsuit within 90 days.
  7. File a lawsuit: If mediation is not a viable option, your attorney will file a lawsuit on your behalf in state or federal court within 90 days of receiving the notice of right to sue.

It is important to note that there are limitations to filing a wrongful termination lawsuit. For example, employers with fewer than 15 employees are not covered under anti-discrimination laws. Additionally, under the Employment at Will doctrine, employers have the right to terminate employees for any reason that is not illegal, and without any warning. However, it is illegal to terminate an employee for a discriminatory reason or for retaliation.

If you believe you have been wrongfully terminated, following the steps above can help you seek justice and protect your rights.