Austin Wrongful Termination Attorneys
Texas law states that most workers are employed ‘at-will’. This means that both worker and employer may choose to terminate their working relationship for any reason. However, there are different laws that limit the reasons for which an employer may legitimately choose to end a worker’s employment. If you believe that your termination from your work was wrongful and violated your rights, seeking out the assistance of an attorney is the best course of action. An Austin wrongful termination attorney from The Melton Law Firm can review the details of your case, and guide you through the legal process.
As an Austin-based attorney, John F. Melton has worked with hundreds of Texas workers fighting for their legal rights. Melton holds a certification from the Board of Labor and Employment Law in Texas, has held the title of Super Lawer, which goes to only the top five percent of performing attorneys in Texas, for the past six years, and he is a Fellow Member of the Texas Bar Foundation—an even more prestigious and exclusive honor, as the Texas Bar Foundation only awards this title to the top one percent of attorneys.
The Melton Law Firm has worked tirelessly on behalf of employees who have been mistreated and wrongfully terminated by their current or former employers. We have developed a reputation for being able to handle complex cases, sometimes achieving several million dollar settlements. If you believe that you have been mistreated and wrongfully terminated from your employment, contact The Melton Law Firm for a consultation through an online request or call us at (512) 330-0017. Our lawyers have the in-depth experience to assist workers in getting the fair treatment and compensation that they deserve.
Do I Need an Attorney if I’ve Been Fired?
If your termination was legal, hiring an attorney will be of little use, so first and foremost you must have reason to believe the firing was unjustified. Someone who has been wrongfully terminated from their job has a chance to receive compensation to cover the immediate costs of losing a job, and an experienced attorney who knows the ins-and-outs of Texas employment law can determine whether your termination was legal, how much it cost you, and how to pursue the best next course of action. People can and have fought their wrongful terminations alone, but the chances of receiving a favorable outcome are greatly increased with the help of a qualified attorney. An attorney from The Melton Law Firm, for example, could handle the necessary paperwork, investigation, and negotiations for compensation that would be fair and just for you.
Why Choose The Melton Law Firm to Represent Me?
There are many attorneys for you to choose from if you live in Austin, but questions about their qualifications, experience, and results will always come to mind. Our firm was only founded a couple of years ago, in 2014, but John Melton, our founding attorney, has been licensed to practice law in Texas since 1999. A Texas native, Melton studied right here at the University of Texas and has intimate knowledge of the employment laws of Texas. His record holds several million-dollar settlements, and current and past clients consistently refer new business his way. He has dedicated his career to helping those hurt by malicious or negligent employers.
Types of Cases We Handle
Unlawful discrimination: You may have a legal case if you believe your termination came from a place of discrimination, or if you were unfairly treated because you belong to a legally protected group based on race, sex, age, or religion, among others. It is illegal under Texas law for an employer to discriminate on the basis of any of these protected classes. Unfortunately, some managers encourage or even condone discrimination.
Retaliation: Retaliation takes place when you spoke out against blatant discrimination, harassment, illegal activities, or other issues that an employer or coworker is not allowed to engage in. If you filed a complaint against your company and were fired shortly after, you may have a case against your employer for wrongful termination. If your company turned a blind eye or even condoned illegal activity and you reported it, your company cannot legally punish you for it.
Constructive discharge: This occurs when an employer makes an employee’s work conditions so intolerable that the employee resigns. This is called ‘constructive discharge’—a voluntary resignation that the law can treat as a wrongful termination. However, a constructive discharge claim must be rooted in discrimination, retaliation, or violation of some other legal right. Many employees have successfully overcome hurdles to proving a constructive discharge claim, despite that courts are skeptical of people who just quit their jobs.
When an employee is fired from their employment due to any of these reasons, a case can be made for wrongful termination lawsuit against an employer. If this is the case, a wrongful termination attorney at The Melton Law Firm can examine the facts and advocate for you to get the justice and compensation that you deserve.
Frequently Asked Questions About Wrongful Termination
Employment law can be complex and confusing, making many employees unaware of their specific rights and protections under Texas law. At The Melton Law Firm, we understand how important it is to get the answers that you need in a timely manner. We have created a list of some frequently asked questions and provided relevant answers. If you do not find your answer here or if you prefer to discuss your situation with our team directly, feel free to call us at (512) 330-0017.
How do I know if discrimination against me was unlawful?
The state and federal laws provide legal protection against discrimination to Texas workers. Unfortunately, in Texas, not all forms of employment discrimination are against the law, but discriminatory treatment against workers who are not protected under any of the relevant workplace discrimination laws may still have grounds for legal action under other laws, such as those prohibiting the creation of a hostile work environment.
Workers who have been the victim of employment discrimination need to discuss their rights with an attorney to find out if they may have a legal claim, even if they are not covered by employment discrimination laws.
How would I go about proving that I was the victim of discrimination?
Texas law prohibits discrimination by an employer on the basis of an employee’s race, gender, and other many factors. It can be difficult for an employee to prove on their own that an employer’s actions were based on discriminatory attitudes. However, with the assistance of a qualified legal attorney, victims of employment discrimination can often effectively fight back against such discrimination in the workplace.
How much can expect to be compensated for my losses?
If you successfully win a civil suit against your current or former employer, the compensation will largely depend upon the specific details of your case. Factors like the extent of discrimination, the estimated financial impact upon you, and how your employer responded to the offense could all potentially impact the monetary value of any compensation that you may win. Without knowing the specific issues surrounding your case, it is exceedingly difficult to know how much compensation you will win.
Facts about Employment in Texas
Any employee needs to be treated with respect and professionalism while at their workplace. If an employee feels comfortable and valued, they often enjoy their jobs and work harder at them. However, many employers neglect duties to their employees by fostering unsafe or hostile work environments. Employees find themselves subject to harassment, denied raises, or passed over for promotions. Employers can withhold wages or wrongfully terminate an employee. Federal and state laws forbid harassment, discrimination, retaliation, and other toxic employer behaviors.
The Equal Opportunity Employment Comission recently added the statistics for the year of 2016 in Texas. The numbers are staggeringly disappointing, with a grand total of 9,308 charges brought against employers for wrongful termination on the basis of discrimination. According to the chart (all percentages are approximate):
- 3,244 of all charges claimed the wrongful termination was on the basis of race (34.90% of all cases)
- 2,765 were on the basis of sex (29.70%)
- 1,190 were on the basis of national origin (12.80%)
- 358 were on the basis of religion (3.80%)
- 403 were on the basis of color (4.30%)
- 2,000 were on the basis of age (21.50%)
Unfortunately, the numbers don’t end there. A further 4,633 lawsuits were filed against employers for termination because of retaliation. It’s heartbreaking to know that this is only a fraction of all the people who were wrongfully terminated and believed they didn’t have the power to fight back, or couldn’t find the resources.
The wrongful termination attorneys at The Melton Law Firm understand employment laws in the state of Texas. We know the residents in Austin want to be treated fair and reasonable in their workplace. Employees do not need to feel like they are forced to resign, based on possibly salary reduction, reduction in job responsibilities, demotion, badgering, or harassment. If you believe that you have been treated unfairly and wrongfully terminated from your employment, contact The Melton Law Firm in Austin and we work diligently with you to seek justice and the compensation that you deserve.