Employees working at a company may sometimes choose to take legal action against that organization. Some employment lawsuits allege harassment in the workplace or contract violations. Other times, workers may claim that their employers violated their rights.
Workers should not face discrimination or retaliation for engaging in protected activities, such as reporting an injury on the job. A recently-terminated worker who claims that their firing was retaliatory or discriminatory may file a wrongful termination lawsuit against the company. Internal records can play a key role in defending against wrongful termination claims.
Employers do not generally need a reason to fire workers
Most Texas employees can suddenly lose their jobs without warning or explanation. Businesses can choose to provide a reason, such as poor job performance or constant absenteeism, but they are under no obligation to justify the termination.
Texas is an at-will employment state. Businesses in Texas can fire workers without providing an explanation for the decision. However, they cannot fire workers due to their protected characteristics, such as their race or sex. They also cannot terminate workers for engaging in protected workplace activities. Most wrongful termination lawsuits allege either retaliation or discrimination.
Company records showing that there were performance or disciplinary issues can help disprove allegations of wrongful termination. Performance improvement plans, write-ups and even payroll records showing habitual tardiness can all help counter claims of wrongful termination. The history of the employee and the communications they had with the company at the end of their employment can influence the best response to a pending employment lawsuit.
Business leaders blindsided by a former employee’s lawsuit may need support preparing to defend their organization. Reviewing internal records and the allegations made by a worker with a skilled legal team can help a company to preserve its reputation and avoid the economic losses often associated with wrongful termination litigation.