Wrongful Termination Lawyer in El Paso, TX
If you find you need a wrongful termination lawyer in El Paso, TX, you’ll find Davie and Valdez PC has exactly the experience and knowledge you need. Roger Davie has been practicing in El Paso for more than 35 years. In 2004 he was joined by John P. Valdiz who has made a specialty of working to protect not only employees who have been wrongfully fired from their jobs, but those who suffer from work-related injuries. Together they make up a firm in a great position to help you with your wrongful termination issues.
Table Of Contents
- Typical Wrongful Termination Cases
- What Exactly Is A Wrongful Termination?
- Wrongful Termination Infographic
- The Support You Need
- What Are Unlawful Reasons?
- Can You Sue For Wrongful Termination In Texas?
Typical wrongful termination cases
Typically, wrongful termination cases are filed when discrimination because of race, sex, age, religion, national origin, sexual harassment, workers’ compensation, and work injuries occur and retaliation over any of these issues. Any of these or any combination of these reasons for losing your job can make for a wrongful termination case. Under certain circumstances retaliation over whistle blowing can also be illegal as can discrimination because of pregnancy.
Are you a victim?
If you think you’re a victim of being let go from your job for any of these reasons, stated or not, you’ll probably want to talk with a wrongful termination lawyer in El Paso, TX who had lots of real-world experience with such complaints.
Free, no cost consultation call
The firm is happy to provide you with a confidential, no cost consultation. Simple fill out the email form on their contact page or give them a call at (915) 996-9798 where you will find the phone is answered by a real person 24/7.
It may help you to understand that many employees are reluctant to complain about discrimination for fear of retaliation, particularly when they aren’t familiar with the law. This is one reason to give Davie and Valdez PC a call.
What Exactly Is a Wrongful Termination?
If you believe that you’ve lost your employment for unjust reasons, it is worth your time to speak with a dedicated wrongful termination lawyer El Paso, TX residents trust. It is possible that your termination was not “only” unjust, it may have been unlawful as well.
This area of the law is unquestionably complicated. It is, therefore, important not to make any assumptions about your legal situation until an experienced member of the Davie & Valdez, P.C. legal team has assessed your unique circumstances. But, in the event that you were either fired or laid off – both of these situations are considered “terminations” under the law – for unlawful reasons, you may have strong grounds upon which to take legal action as a result of your wrongful termination.
How Can You Prove that You’ve Been Wrongfully Terminated?
Every wrongful termination case is unique. Do not panic if you’re unsure of how to prove your case. Speak with our team about your unique circumstances and we’ll advise you – objectively – about whether we believe your case can be proven effectively. We understand how to get results, so we’ll be straight with you about your concerns, whatever our conclusions may be.
What if You’ve Been Offered a Severance Agreement?
If you’ve been offered a severance agreement after being terminated for unjust reasons, do not sign anything at all until a knowledgeable El Paso wrongful termination lawyer at Davie & Valdez, P.C. has evaluated both the terms of your agreement and your legal situation overall. By signing this agreement, you’re likely signing away your right to sue your employer, which may or may not be in your best interests depending upon whether the terms of the agreement are fair and whether you have grounds to file a wrongful termination case. You’ve likely only been given a few days to reject or accept the agreement, so please contact us now.
How Does Retaliation Play into Wrongful Termination Cases?
All too often, employers retaliate against their workers for exercising their legally-protected rights. For example, if a new mother is demoted at work after returning from taking legally-protected parental leave, this is a direct violation of that worker’s rights. In the event that retaliation takes the form of a wrongful termination, proving that the employer acted in retaliatory ways can bolster the grounds for the case itself.
What Is Constructive Discharge?
As an experienced member of the Davie & Valdez, P.C. legal team can explain in greater detail during your free consultation, constructive discharge essentially occurs when someone’s workplace environment has become so toxic that they feel compelled to quit. In the event that this “toxicity” arose from a hostile work environment, a worker may still be able to pursue what amounts to a wrongful termination case, even if they quit voluntarily. After explaining your unique circumstances to our El Paso wrongful termination lawyer team, we’ll be able to objectively assess whether your situation meets the legal criteria for a hostile work environment case that either led to a wrongful termination or constructive discharge scenario.
Morally wrong or legally wrong?
One of the problems of wrongful termination law is that while you might have a case that many would consider morally wrong, it’s quite possible that what you experienced is not legally wrong. There are nuances in employment law that are truly difficult for the lay person to understand. Often you need an experienced attorney to help you sort out the difference. They can help you decide if your case has a legal basis.
Remember, you have rights! These rights are designed to protest you. One of those rights is to sue your employer over illegal treatment, including wrongful termination.
Job loss is often shocking and confusing
Usually when someone loses their job suddenly they feel both hurt and confused. This is the perfect time to consult with an attorney who knows not only the ins and outs of employment law, but also understands how it is practiced in El Paso. This kind of understanding can go a long way toward making sure you get the kind of advice you need.
In the no cost and confidential consultation at Davie and Valdez PC, you can be sure your will be listened to until your case is thoroughly understood. The information you give will be protected and you will have all your questions answered by this excellent wrongful termination lawyer El Paso, TX so you can make the right decisions about your next steps.
Wrongful Termination Infographic
The Support You Need
Losing your job can make you feel helpless, especially when you have been fired or let go unfairly. But it doesn’t have to be that way. Your former employer has to abide by certain laws and regulations that protect employees from discrimination and an unsafe work environment. To successfully prove that you were unjustly fired from your job, you will need to demonstrate where your employer broke the law. Unless you have spent years studying case law on wrongful termination, you might find this hard to do. That is where an experienced wrongful termination lawyer in El Paso, TX can support you. To learn whether you have a case worth pursuing, call Davie & Valdez, P.C. to set up a free consultation. Be prepared to answer the following questions about your case:
What were the details surrounding your termination?
Most often, you don’t just come into work one day and find out that you were terminated. There is usually a whole series of events leading up to you being let go of your job. What reasons did your superiors give you for being terminated? What kind of paperwork do you have to document the process? Are there any peers or employees that can verify your claims? Having physical documentation such as e-mails, letters, voicemails, etc. can be very helpful in supporting your case.
Are you an “at-will” employee?
Texas is an at-will state. This means that an employer can decide to terminate an employee at any time. However, just because you are in an at-will state, doesn’t always mean you are an at-will employee. If you worked for a government agency, were part of a union, or if you signed a contract with your former employer with specific terms and conditions, then you are not considered an at-will employee, and you have different rights that your employers must honor. Speaking with a wrongful termination lawyer in El Paso, TX from a firm like Davie & Valdez, P.C. can help you understand whether you are an at-will employee.
Did your former employer break any laws?
Whether you are an at-will employee or not, you are still protected against discrimination and retaliation and your employer cannot fire you based on the following:
Racial or Ethnic Discrimination: Your employer is not allowed to dismiss you from your job because of the color of your skin or where you were born.
Gender Discrimination: Likewise, an employer is not allowed to fire you because of your gender. A common example of this is an employer terminating a female worker when they found out she is pregnant. These kinds of workplaces might have a track record of other actions such as only promoting workers of a certain gender and repeatedly giving one gender less desirable work. Evidence of this behavior can help support your case.
Whistleblowing: Being fired after you reported unsafe working conditions and/or unethical practices is a red flag. You are protected by law from retaliation to encourage employees to come forward when they see something wrong.
Don’t wait a moment longer. Call Davie & Valdez, P.C. now to set up a confidential and free consultation with a EL Paso, TX wrongful termination lawyer that will support you every step of the way.
If your employer fires you for an unlawful reason then it is often in your best interest to hire a wrongful termination lawyer in El Paso, TX. Texas is an employment-at-will state which means that an employer can legally fire an employee for any lawful reason. This also means that they can do this at any time.
In general, employment at will means that an employer can legally terminate an employee for any reason as long as it is lawful at any time that they see fit. It doesn’t allow for the employer to fire an employee for just any reason though. If you suspect that your employer has fired you for an unlawful reason then contacting a lawyer is in your best interest.
What Are Unlawful Reasons?
There are numerous unlawful reasons an employer can terminate an employee. Some of the most common include:
- Medical conditions
- Genetic information
- Marital status
- Race, color, national origin
- Military veteran status
- Gender, sex, gender identity, gender expression
- Sexual orientation
- Physical or mental disability
Can You Sue for Wrongful Termination in Texas?
One of the most frequently asked questions is if you can sue for wrongful termination in Texas. The simple answer is yes but before you start you should know that is going to depend on the circumstances around the alleged wrongful termination. The first thing that you have to do is file an administrative complaint with the government agency first. If the employer’s reason for termination was unlawful then you can go about bringing a wrongful termination claim forward.
It is often difficult to prove what actions and motivations led to a wrongful termination. This is why it is often worth unit free consultation with the wrongful termination lawyer to determine whether or not your claim is valid.
How Long Do You Have to File a Wrongful Termination Claim?
You have to file your wrongful termination claim within the statute of limitations. The statute of limitations is the amount of time a plaintiff has to file a lawsuit after they suffered harm. This is often going to depend on the nature of the claim which means that each case has a different time period. If you had an employment contract with your employer this could easily affect your timeline. In most cases the statute of limitations start on the date of termination.
In most cases you have 180 days from the date of termination to file for your claim. This is why it is important to act quickly after your termination.
If you suspect that your termination may happen wrongfully, it is in your best interest to reach out to a lawyer. A lawyer can help you determine if you have a case and can help make sure that all the paperwork is filed within the statute of quotations.
If you have more questions don’t hesitate to reach out to a wrongful termination lawyer in El Paso TX on the team here at Davie & Valdez, P.C to help you with your case.
“Davie and Valdez law firm fought for my case. The staff was very professional always alert about each case and treated every client with respect and very well supportive.”