Tyler Wrongful Termination Lawyer

Helping Clients in Smith County Since 1986

Our careers mean more to us than simply providing an income – they give us the ability to support ourselves and our families while simultaneously using our talents and skills to make the world a better place. Our jobs can even give us great self-fulfillment and personal enjoyment.

Therefore, if you have been wrongfully terminated, I understand that you will be feeling devastated and anxious about what to do. Losing your job in any circumstance is bad enough, but the injustice of being wrongfully terminated is that you are suddenly stripped of your career without any rightful cause.

Fortunately, I am a Tyler wrongful termination attorney who is determined to stand by your side. The Hommel Law Firm can demonstrate that if your employer fired you in a manner that violated state and federal labor laws, you deserve monetary compensation for all the trials you have been forced to endure.

What is At-Will Termination?

Here in the state of Texas, employers all generally offer “at-will” positions. What this means is that an employee can be terminated from any job and any position for no reason at all. This also means that an employee can leave their job without giving any explanation to their employers as well. The problem is that employers sometimes abuse this law, trying to cover their real reasons for termination. This creates a situation of wrongful termination.

What is Considered Wrongful Termination in Texas?

Under Texas state law, there are some common law exceptions and court-ruling exceptions to at will employment. According to the Texas Workforce Commission, it may be considered a wrongful termination if you:

• Discharge a worker because he or she refused to commit a criminal offense. Likewise, you cannot dismiss an employee if doing so would violate the express employment agreement you have with that worker.
• Based on a court ruling, you cannot suddenly terminate employees for violating policies that you have a history of not enforcing.

When employers discriminate against employees and wrongfully misuse the “at-will” clause, their employees could be entitled to compensation.

There are three primary sources of wrongful termination or dismissal in the state of Texas:

1. Discrimination – Federal rules have established that there are certain classes which are protected and cannot be considered in terms of hiring, employing, or terminating someone. These federally safeguarded classes include religion, age, gender, and ethnicity.
2. Harassment – If you have been harassed, whether sexually or otherwise, you are legally protected from being terminated. Even if you have technically self-resigned as opposed to being actually terminated, you can still seek justice because you were pressured to quit on account of facing prolonged harassment.
3. Retaliation – Perhaps you have noticed a violation or example of illegal activity conducted by your supervisors or colleagues. If you reported this problem and then were terminated, or even were forced to lose benefits or promotions, this is an example of retaliation. I can help prove that you have suffered unjust retaliation.

Are you facing wrongful termination in Texas? Our wrongful termination lawyer in Tyler is ready to represent you. Call Hommel Law Firm at (903) 412-3788 or contact us online to start your defense!

Protect Your Rights as an Employee

Your career and financial security may suffer greatly from an unfair termination. It's critical to recognize your rights as an employee and take the appropriate action to safeguard them if you feel that you were fired unfairly.

Our skilled Tyler wrongful termination attorneys at Hommel Law Firm are committed to assisting Smith County clients in defending their legal rights and pursuing justice. Our comprehensive knowledge of Texas employment laws enables us to offer you the support and advocacy you require to successfully navigate the court system.

Some key points to consider when facing wrongful termination:

• Know your rights: Familiarize yourself with the laws surrounding wrongful termination in Texas. Understanding your rights as an employee can help you determine if your termination was unlawful.
• Document everything: Keep a record of any incidents, conversations, or actions that may be relevant to your case. This documentation can serve as evidence to support your claims.
• Consult an attorney: It is crucial to seek legal advice from a knowledgeable wrongful termination attorney. They can assess the details of your case, evaluate the strength of your claims, and guide you through the legal process.
• Explore your options: Depending on the circumstances of your case, you may be entitled to various forms of compensation, including back pay, reinstatement, or damages for emotional distress. An attorney can help you understand your options and pursue the best course of action.

Is There A Statute Of Limitations For Filing A Wrongful Termination Claim?

For claims based on violations of federal anti-discrimination laws, such as those governed by Title VII of the Civil Rights Act, Age Discrimination in Employment Act (ADEA), or Americans with Disabilities Act (ADA), you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or Texas Workforce Commission (TWC) within 180 days from your date of termination. In some cases, this limit may be extended to 300 days, however, this is based on your specific situation.

Given the complexities involved, it is crucial to consult with knowledgeable wrongful termination attorneys in Tyler to ensure you meet all necessary deadlines. A Tyler wrongful termination lawyer can help you understand your rights, evaluate your case, and guide you through the filing process to maximize your chances of obtaining justice and compensation. Acting promptly is essential to preserving your legal options and building a strong case.

What Should I Do If I Believe I Have Been Wrongfully Terminated In Texas?

If you believe you have been wrongfully terminated in Texas, there are several important steps you should take to protect your rights and pursue potential recourse.

1. Act Promptly: There are strict deadlines, known as statutes of limitations, for filing wrongful termination claims. Acting quickly ensures that you meet these deadlines and that your case remains viable.
2. Compile All Relevant Documentation: Collect any pertinent documents that could support your case, such as your employment contract, termination notice, performance reviews, emails, and other relevant records. Keeping detailed notes of conversations with your employer about your termination can also prove invaluable.
3. Identify the Basis for Your Claim: Clarify the reasons behind your wrongful termination claim. Common grounds include discrimination, retaliation, breach of contract, or violations of public policy. Understanding the specific basis of your claim will help steer your subsequent actions effectively.
4. Seek Legal Counsel: It's essential to consult with seasoned wrongful termination lawyers in Tyler. A knowledgeable attorney can assess the merits of your case, offer strategic advice on how to proceed, and guide you through the intricate legal landscape. They can assist in collecting evidence, managing necessary documentation, and advocating for you in negotiations or court proceedings.

Following these steps can safeguard your rights and enhance your prospects for a positive resolution. Engaging with an experienced employment law attorney provides the expert guidance and support needed to effectively pursue your claim.

Speak with an Experienced Wrongful Termination Lawyer

If you believe you have been wrongfully terminated from your job, it is important to seek legal representation to protect your rights. At Hommel Law Firm, our experienced wrongful termination lawyers are dedicated to helping clients in Tyler, TX and the surrounding areas fight for justice.

Why choose us:

• Extensive knowledge of employment laws in Texas
• Proven track record of successful wrongful termination cases
• Personalized attention and support throughout the legal process
• Strong negotiation skills to secure fair settlements
• Aggressive litigation strategies to fight for your rights in court

Our staff will look into your matter in great detail, compile supporting documentation, and create a compelling legal case to back up your assertion. We are committed to pursuing the recompense and justice you are due because we recognize the toll that wrongful termination can have on people and their families, both financially and emotionally.

For a consultation with our qualified wrongful termination lawyer, get in touch with us right now. We are available to hear about your experience, respond to your inquiries, and offer you the support you require to proceed.

Talk to a professional wrongful termination attorney at Hommel Law Firm. Complete our online form or dial (903) 412-3788 as soon as possible.

Wrongful Termination Unemployment Benefits

File for Unemployment Benefits

Regardless of the reason you were fired, laid off or separated from your job, you should consider filing for unemployment.

• Every employer in the State of Texas pays taxes into the unemployment fund. It is a benefit for all employees unless you are disqualified for benefits.
• To file for benefits online go to: https://www.twc.texas.gov/jobseekers/unemployment-benefits-services

Information You Need to Apply

In order to apply for unemployment, you will need:

• Your last employer’s business name, address, and phone number
• First and last dates (month, day, and year) you worked for your last employer.
• Number of hours worked and pay rate if you worked the week you apply for benefits (Sunday through Saturday)
• Information about the normal wage for the job you are seeking
• Alien Registration number (if not a U.S. citizen)

Collecting Unemployment Benefits

You should be able to collect unemployment benefits if you:

• Had a medically documented illness that prevented you from working.
• Quit to move with your spouse.
• Have a documented case of sexual assault, family violence, or stalking.
• Were fired without work-related misconduct. Examples of misconduct include, but are not limited to, a violation of company policy; violation of law; neglect or mismanagement of your position; or failure to perform your work acceptably if you are capable. Generally the company must have counselled you regarding any misconduct before you are fired to qualify as work-related misconduct unless you are guilty of theft, work-place violence or other obvious misconduct.
• Texas Workforce Commission Unemployment Benefits Handbook: https://www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf

How Long Do You Have Health Insurance After Termination?

COBRA is a Federal law that provides employees of companies with 20 or more employees the opportunity to continue their company sponsored health insurance for up to 36 months following the date of the employee’s separation of employment.

If your company employs less than 20 employees, but provided a health insurance benefit, Texas law requires that the company provide you the opportunity to continue your health insurance. If you have exhausted your COBRA coverage, you may continue coverage for six additional months following any period of coverage continuation under COBRA.

COBRA continuation coverage will ensure you have health coverage until the coverage through your Marketplace plan begins. To exhaust COBRA continuation coverage, you or your dependent must receive the maximum period of continuation coverage available without early termination.

Keep in mind if you choose to terminate your COBRA continuation coverage early with no special enrollment opportunity at that time, you generally will have to wait to enroll in other coverage until the next open enrollment period for the new group health plan or the Marketplace.

To Apply: https://www.tdi.texas.gov/hmo/documents/enrolleecobra.pdf

Affordable Care Act (ACA)

If you have lost your job for any reason and you were insured under a company sponsored health insurance plan, the company must give you the opportunity to continue your health insurance coverage.

If you lose your health insurance because of a separation of employment you are eligible to apply for health insurance through the Affordable Care Act (ACA) or “Obamacare.”

Applying for Marketplace

The Marketplace offers "one-stop shopping" to find and compare private health insurance options.

• COBRA coverage will not limit your eligibility for Marketplace coverage or tax credit.
• You can apply for Marketplace coverage at HealthCare.gov or by calling 1-800-318- 2596 (TTY 1-855-889-4325).
• To qualify for special enrollment in a Marketplace plan, you must do so within 60 days before or 60 days after losing your coverage.
• If you need health coverage in the time between losing your job-based coverage and beginning coverage through the Marketplace (for example, if you or a family member needs medical care), you may wish to elect COBRA coverage from your former employer's plan.

Medicaid

Through the Marketplace you can also learn if you qualify for Medicaid.

• You can apply for and enroll in Medicaid any time of year.
• If you qualify, your coverage begins immediately. Visit HealthCare.gov or call 1-800-318-2596 (TTY 1-855-889-4325) for more information or to apply for these programs.
• You can also apply for Medicaid by contacting your state Medicaid office.

Apply for Other Employment

Most people do not have the ability to not work for an extended period of time. Therefore, you will be applying for a new job. One of the questions that comes up frequently is: What do I say about my termination? How to Handle the Gap in your Employment in Interviews is a helpful video from Indeed.com:https://www.indeed.com/career-advice/interviewing/how-to-explain-employment-gaps

Contact Our Tyler Wrongful Termination Attorney

When you have the Hommel Law Firm at your side, you can count on me to offer my full services to defend your rights. The Hommel Law Firm can obtain crucial documents and papers needed to file your claim, while carefully investigating all the circumstances. As a Tyler wrongful termination lawyer, I can also act as a liaison between you and your employer, settling challenges and negotiating offers for you.

Contact Hommel Law Firm today to schedule a meeting with our wrongful termination attorney in Tyler, Texas!