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At Holden Litigation
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At Holden Litigation
We Play To Win

What circumstances can make a termination unlawful?

On Behalf of | Mar 4, 2024 | Employment Litigation

Running a business can be challenging, especially if it grows and needs employees to sustain its operations. When these developments happen, the business owner may take on the role of an employer, making them responsible for making difficult employment decisions, including issues that may lead to termination.

No matter how well the business is doing, terminating employees could be inevitable, especially if there is a valid reason behind the decision. However, in Texas, doing so can be unlawful based on the circumstances surrounding the termination, including the following:

  • The cause for termination stems from discrimination.
  • It happened because the employee decided to join or start a union.
  • If the termination is related to the employee’s refusal to participate in an illegal act ordered by a supervisor.
  • It was an act of retaliation for a valid complaint by the employee, such as violations of employment laws and rights.
  • It happened after the employee shared their compensation information and employment conditions with others in the company.

Terminating an employee for these reasons can be unlawful, making them valid reasons to take legal action against the employer. Even if these are not the reasons behind the decision, the employee may still file a case if they can establish a connection between these circumstances and the termination.

Letting people go appropriately

Unfortunately, there is no one-size-fits-all method when letting go of employees. There is also no guarantee that employers can remove the risk of disputes and claims, especially if the decision adversely affects the employee. Still, taking time and effort to discuss the termination’s details clearly can help prevent misunderstandings that can cause these disputes. Additionally, having legal guidance can benefit employers, allowing them to perform the termination lawfully and be ready to negotiate or go to court if needed.