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I have heard that my home state, Texas, does not favor wrongful termination lawsuits. Is this true?
I was recently laid off after I was injured at work and filed for workers' compensation. I have heard that my home state, Texas, does not favor wrongful termination lawsuits. Is this true?
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Answers (1)
It is somewhat true that Texas courts, like those in many states, do not generally find in favor of employees in wrongful termination suits. That is probably because the courts first look at the employer's reason for termination because no cause is needed under the employment-at-will doctrine, which means that in the absence of an employment contract that says otherwise, employers may end the employment at any time without cause.
However, an increasingly common lawsuit today involves “retaliatory termination,” which sometimes occurs when an employee files for workers' compensation and the employer terminates their employment to avoid paying the benefits. If you have strong evidence to support your case, you may be able to demonstrate wrongful termination in Texas.
Despite the fact that it may be difficult to win a wrongful termination suit in Texas, I would suggest that you consult with a qualified wrongful termination attorney who can advise you of your rights under Texas law.
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Posted by Jan Hill on 21 Jan 2010
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