At Davie & Valdez, P.C., we are trusted wrongful termination lawyers with over 35 years of experience.
If you were fired for a reason the law forbids, you may have grounds to hold your former employer accountable. Our El Paso, TX wrongful termination lawyer at Davie & Valdez, P.C. brings decades of employee-side experience to these claims. If you believe your firing crossed a legal line, reach out to our office for a careful review of your situation and an honest read on where you stand.
Wrongful Termination Lawyer El Paso, TX
Texas follows an at-will employment rule, which means an employer can usually end a working relationship for almost any reason, or for no reason at all. But that rule has limits. When a firing violates anti-discrimination law, punishes protected activity, or breaks a clear public policy, it can qualify as wrongful termination. The label is not about whether a firing felt unfair. It is about whether the reason behind it was unlawful.
A wrongful termination attorney examines why you were let go and whether the stated reason hides an unlawful one. That work involves gathering records, comparing how similar employees were treated, and identifying which protections apply to your situation. Our firm has handled these disputes for El Paso workers for years, and we know what kind of evidence tends to carry weight and what tends to fall apart.
Types of Wrongful Termination Cases We Handle in El Paso
Wrongful termination takes different forms, and the right legal theory depends on the facts behind your firing. Some cases involve open discrimination. Others turn on retaliation that an employer tries to disguise as a performance problem. These are the matters our wrongful termination lawyers handle for El Paso employees.
- Work discrimination. Firing an employee because of age, sex, race, religion, national origin, or pregnancy is unlawful. We look closely at the timing of the decision and how the employer treated comparable workers. Patterns often reveal what a stated reason is meant to conceal.
- Workplace retaliation. Employers may not fire workers for reporting discrimination, filing a complaint, or taking part in an investigation. Retaliatory firings frequently follow soon after the protected activity. We trace that sequence and connect the dots that support the claim.
- Whistleblower claims. Workers who report illegal conduct or unsafe conditions are protected from being fired for speaking up. These cases call for careful proof that the report, and not some after-the-fact excuse, drove the termination.
- Work harassment. Sometimes harassment becomes so severe that an employee has no reasonable choice but to quit. The law can treat that forced resignation as a firing. We evaluate whether the conditions were serious enough to meet that standard.
- Disability discrimination. Losing a job after an injury, a diagnosis, or an accommodation request may point to disability discrimination. Employers are expected to consider reasonable accommodations before acting. We examine whether they met that duty or ignored it.
- Constructive discharge. When an employer deliberately makes working conditions intolerable to push someone out, the resignation can carry the same legal weight as a termination. These claims hinge on how severe the conditions were and whether a reasonable person would have felt forced to leave.
- Refusal to commit an illegal act. Texas protects employees who are fired solely for refusing to break the law on an employer’s behalf. The refusal has to be the only reason for the discharge, which makes these claims narrow. We assess whether the facts fit that rule.
- Termination after a work injury. Being fired for reporting a job injury or filing for benefits can give rise to a claim. We look at what changed after the injury was reported and whether the timing tells a story.
Why Choose Davie & Valdez, P.C. as Your Wrongful Termination Lawyer in El Paso, TX?
Board-Certified Experience in Employment Law
Roger Davie founded the firm and has practiced law since 1985. He holds board certification in employment law from the Texas Board of Legal Specialization, a credential that sets apart a small percentage of attorneys in the state. He has earned Super Lawyers recognition for more than a decade and carries a Preeminent rating from Martindale-Hubbell. His practice has centered on fired and injured workers for his entire career.
Local Advocacy for El Paso Employees
John Valdez is an El Paso native who represents employees in wrongful termination and workplace injury claims. He is Board Certified in Employment and Labor Law in New Mexico and has been named a Texas Super Lawyer and Rising Star across several years. A graduate of Texas Tech Law, he practices in both English and Spanish, which matters in a border community where many workers are more comfortable explaining their case in Spanish. Our employment lawyers in El Paso, TX have represented hundreds of workers in employment and injury matters and have secured favorable outcomes for employees who were pushed out of their jobs.
What Is Important to Understand About Wrongful Termination Cases?
At-Will Employment and Wrongful Discharge in Texas
Texas is an at-will employment state, so most workers can be let go without a specific reason and without advance notice. The exceptions are what wrongful termination cases are built on. A firing crosses the line when it is based on a protected characteristic, when it punishes legally protected activity like a complaint or a claim, or when it violates a recognized public policy. Each of those categories has its own requirements, and a claim that fits one may not fit another. When a claim succeeds, the remedies are meant to restore what the worker lost rather than to punish for its own sake. Those can include:
- Back pay for wages and benefits lost after the firing
- Front pay when returning to the job is not realistic
- Reinstatement to the former position in some cases
- Compensation for emotional harm tied to the termination
- Recovery of attorney fees and costs under certain claims
The right combination depends on the type of claim and the facts involved, which is why an early evaluation matters.
What Are Important Aspects of a Wrongful Termination Case?
Two things tend to decide these cases: evidence and timing. Documentation created around the time of the firing often carries the most weight, so preserving it early can make a real difference. A few factors deserve attention from the start:
- The employer’s stated reason, and whether it holds up under scrutiny
- How the employer treated similar employees in similar circumstances
- Any protected activity, such as a complaint or a work injury report, that came before the firing
- Written records like emails, reviews, and personnel files
- The deadlines that apply before many claims can move forward
Several myths about wrongful termination lead workers to walk away from claims that had real merit. A short conversation with a lawyer is usually worth the time it takes.
What Is the Wrongful Termination Case Timeline?
Many wrongful termination claims start with an administrative step rather than a lawsuit. For discrimination and retaliation claims, that usually means filing a charge with the Equal Employment Opportunity Commission or the Texas Workforce Commission before a case can go to court. The general path looks like this:
- Filing a charge with the appropriate agency within the deadline
- An investigation, and sometimes an offer of mediation
- A notice that clears the worker to file suit
- Litigation, including discovery and settlement discussions
- Trial, if the case does not resolve earlier
Whistleblower and safety-related retaliation claims can follow a separate process with their own whistleblower protections and shorter filing windows. Timelines vary from claim to claim, so acting promptly protects your options and keeps deadlines from closing quietly.
What Should You Bring to Your Wrongful Termination Consultation?
Bringing the right documents to your first meeting helps us assess the claim quickly. Useful items include:
- Your termination letter or any written notice of the decision
- Performance reviews, offer letters, and your employee handbook
- Emails, texts, or notes related to the firing
- Pay records showing your earnings and benefits
- Any complaint you filed and the employer’s response to it
You do not need every document to get started. During the meeting, we will explain what your claim may involve, what deadlines apply, and how the process would move forward from there.
Important Texas Legal Resources for Wrongful Termination Cases
Understanding where the law comes from can help you make sense of your own situation. The resources below are useful starting points for finding employment laws and filing information that apply in Texas.
- The U.S. Department of Labor explains federal rules on termination and related benefits.
- The Texas Workforce Commission Civil Rights Division handles employment discrimination complaints for workers in the state.
- The Equal Employment Opportunity Commission outlines the federal charge process and the claims it covers.
- A federal wrongful discharge overview summarizes what can make a firing unlawful and where to report it.
These sources describe general rights and procedures. They are not a substitute for advice about your specific case, and listing them here is not an endorsement of any outside organization.
Reach Out to Davie & Valdez, P.C. to Schedule a Consultation
If you believe you were fired for an unlawful reason, our El Paso wrongful termination attorneys are ready to help. We handle these claims on a contingency basis, so there is no attorney fee unless we recover for you. When you reach out, we will listen to what happened, explain your options, and outline the next steps in plain terms. Contact us to schedule a consultation with our firm.