What are the prohibited reasons to fire a worker in Denton?
Denton, TX – Employers are allowed to manage their workforce in a number of different ways, including terminating a worker’s position when necessary. However, this can only be done for neutral reasons that are related to the functioning of the business, such as financial concerns or poor performance by the worker. There are certain considerations that cannot be used when an employer makes a decision to fire employees. When a worker feels that they have been improperly terminated, they can speak with a labor attorney in Texas to get additional help.
Workers are considered members of a protected class based on their race, gender, religion, and national origin. No employer can terminate a worker simply because of any of these characteristics, even if they attempt to use a legitimate pretext for doing so. A common way to try to hide discrimination is for the employer to use negative performance reviews to make it look like the victim has not been doing their job properly.
Termination as part of an incident of sexual harassment
A common form of gender based discrimination is sexual harassment. Workers cannot be terminated for reasons related to harassment by their superiors or coworkers, or because they rejected their advances or reported their mistreatment. If the person’s manager or supervisor is responsible for recommending their termination based on a prior incident of sexual harassment, this is legally actionable as a type of quid pro quo harassment.
If a worker has recently filed a claim for sexual harassment, unpaid wages, discrimination, or any other legally protected activity, the employer cannot terminate or discipline them. This is called retaliation and it is a common concern of workers when they take action to protect themselves from illegal behavior in the workplace. However, any employer who engages in retaliation can face lawsuits and other consequences, in addition to any problems related to the initial reason that the employee had to take action.
Violations of employment terms
Many workers have an employment contract that outlines their rights and responsibilities. Both the worker and their employer are bound by the terms of this agreement. An employer cannot terminate a worker for any reason that would violate the terms of their employment agreement. If this happens it is essentially a form of both wrongful termination and breach of contract, both of which provide legal remedies to the employee.
Getting help from a labor attorney in Texas
Moore and Associates is a labor and employment practice that handles workplace disputes for people in Denton and other parts of Texas. Their attorneys provide representation for discrimination lawsuits, unpaid wage claims, and sexual harassment cases.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002
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