When an employee gets fired, they may feel that their termination was unjust or unwarranted. As an at-will employment state, Texas employers have the right to terminate an employee for any legal reason. Common legal reasons for employment termination include:
- Excessive absenteeism or tardiness
- Insubordination
- Poor work performance
- Poor fit
- Failure to follow workplace policy
An employee may choose to file a wrongful termination claim against an employer for allegedly terminating their employment for illegal reasons. Illegal reasons for firing an employee may include:
- Discriminatory termination based on protected class (e.g., age, gender, race, religion, age)
- Termination in breach of employment contract
- Retaliatory termination based on employee filing complaint of harassment/discrimination
- Termination based on employee reporting illegal activity in the workplace (whistleblowing)
Defending against wrongful termination claim
The best way to defend against a wrongful termination claim is to prove that you have a legitimate, non-discriminatory reason for terminating the employee. These reasons can be proven through testimony and documentation including:
- Performance reviews detailing employee performance
- Workplace policies detailing what is expected of employees
- Correspondence with the employee (e.g., emails, texts, etc.)
- Reprimands or warnings given to the employee regarding their misconduct
- Statements from coworkers and supervisors
Providing the above evidence can help you establish that the termination was not wrongful and the employee is not entitled to damages. An employment law attorney can help you defend against allegations made by a former employee and keep your reputation intact.