How does a worker in Bedford know if they were fired for a pretextual reason?
Bedford, TX – In most cases of employment discrimination, the employee will not be told about their employer’s motive directly. This means that they may suddenly be terminated for a reason that seems legitimate, even if they employer’s motive was discriminatory and illegal. Employers are never allowed to end a person’s employment due to protected characteristics such as race, gender, religion, national origin, or sexual orientation. Workers who have more questions about discrimination can meet with a local labor attorney in Texas to ask for specific advice.
The definition of a pretext
An employer is allowed to terminate workers for reasons such as financial problems, poor performance, criminal activity, or corporate restructuring. A pretext only comes into play when the employer is dishonest about their motive for terminating the person due to the fact that their actual reason was illegal. In most cases, pretexts are used because the employer does not like a person simply because of their race, religion, or gender.
Examples and evidence of pretextual reasons for firing someone
If a worker wants to be successful in showing an illegal reason for their termination, they should obtain certain kinds of evidence. This can include emails, documents, surveillance footage, text messages, topics discussed during meetings, or even performance reviews. Even circumstantial evidence of a person suddenly being fired for an odd reason or no reason at all may be helpful, as it increases the likelihood that discrimination was an actual motive.
A worker who has reported other illegal activities by the employer, then is suddenly disciplined or terminated likely experienced this punishment for an illegal reason. Performance reviews are often a pretext for discrimination as well, especially if the worker has successfully performed their job duties for years, then they are suddenly determined based on a poor performance review. Some lawsuits for discrimination have also involved evidence of other workers using racist or sexist language to describe another person, especially if the person guilty of this behavior is the person’s boss or supervisor.
Retaliation for other actions
A related issue to pretextual terminations is when a worker is fired as a form of retaliation. This can happen if the person has previously or recently reported sexual harassment, unpaid wages, or other violations of employment laws. The employer is absolutely not allowed to discipline or terminate someone for simply defending their rights. It is possible for a victim of retaliation to take additional legal action against their workplace.
Labor attorneys in Texas
Moore and Associates is a firm that works with clients in the area of Bedford and other parts of Texas. Anyone who needs additional advice can contact the firm to learn more from attorneys near me.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002
713-222-6775
www.mooreandassociates.net
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