Texas and New York Wrongful Discharge Attorney

Whistleblower Reprisal • Discriminatory Discharge • Retaliation

Employees in Texas and New York are at a distinct disadvantage, possessing few rights in comparison to their employers. Texas and New York follows the "employment at will" rule, meaning an employee can be abruptly fired for cause — or for no reason at all. However, there are limited exceptions under state and federal law that protect certain classes of employees.

• For whistle-blowing on violations or crimes
• For refusing to commit illegal acts for your employer
• If the firing violates specific terms of an employment contract
• For discrimination on the basis of your age, race, color, national origin, gender, disability, or for taking maternity or family medical leave

Call a Proven Employment Law Firm

If you were terminated or the victim of reprisal for any of the above reasons, you may have a claim for damages against the employer. The wrongful discharge attorneys of Kilgore + Kilgore represent clients in Dallas, Houston, statewide and New York. We have won substantial awards against some of the largest corporations in the world. Contact us today for a full explanation of your rights and a free case evaluation.

“My two-year-long battle with my former employer has come to a successful conclusion. I owe this outcome to the excellent representation I received from you, Ted Anderson and Robert Behrendt. Truth prevailed. Justice was done. I have my good name back. Many thanks.”
- Lee, Former CEO of International Industrial Company,
Wrongful Termination/Breach of Contract, 2011

See Other Client Testimonials from people we have represented.

Non-Actionable Claims

Unfortunately, the vast majority of employees have no wrongful termination rights. You cannot sue an employer if you were fired for the following reasons:

• No reason (Texas and New York employers are not required to give one)
• Fired for "minor" cause (e.g., late to work, violation of smoking policy)
• Singled out when less qualified workers kept their jobs
• Refusal to relocate or accept a different position
• Reporting bad behavior of a boss or co-worker (unless it was illegal behavior)

However, sometimes the above reasons are a cover-up to fire an employee for illegal reasons (such as reporting fraud or sexual harassment, age discrimination). If you have evidence that the real reason is a violation of your civil rights, contact Kilgore + Kilgore for a frank assessment of your situation.

Whistleblower Protection

Under the provisions of section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes - Oxley Act of 2002, employees of a publicly traded company who report fraudulent activity or environmental or safety violations are protected from retaliation.

Public Policy Exception

Under Sabine Pilot, the Texas Supreme Court carved out a limited exception to the at-will employment doctrine. An employer may not terminate an employee for refusing to commit an illegal act. If an employee is terminated for the sole reason of refusing to commit a crime, he or she may have a lawsuit for wrongful termination.

Contract

An executive or employee may have grounds for a wrongful termination claim when a party to the contract (employer) terminates the employee in violation of the contract — oral or written — that the employer arranged with the employee.

Civil Rights Statutes

Certain civil rights statutes prevent employers from terminating or taking adverse action against an employee for the following reasons:

• Discrimination on the basis of an employee’s race, color, national origin, religion or sex (Civil Rights Act of 1964)
• Termination for reporting sexual harassment or discrimination
• Discrimination under the Age Discrimination Act (if the employer has more than twenty employees)
• Disability covered under the Americans with Disabilities Act (ADA). This includes termination for demanding "reasonable accommodation" of a disabled worker.
• Requests for FMLA unpaid leave for the birth or adoption of a child, or to care for a child, spouse, or parent suffering serious health condition (Family Medical Leave Act).

Contact a wrongful termination lawyer at Kilgore + Kilgore to discuss the viability of your discriminatory discharge or employment retaliation lawsuit. We represent clients throughout Texas and New York, including class action employee groups.