Wrongful Discharge

Wrongful Discharge for Filing a Workers’ Compensation Claim

Sometimes the unthinkable happens after you are hurt on the job. You follow the steps after a work injury;

Report the injury to your employer,
Seek medical attention,
Complete the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041),
send the claim form to the Texas Department of Insurance, Division of Workers’ Compensation.

The next thing you know, you get fired. Your employer either gives you no reason, or the reason is that because of your injury you can no longer perform your job.

Being Fired After Getting Injured on the Job

Did you get fired because you reported an injury and sought workers’ compensation? In Texas, it is illegal to fire an employee for filing a legitimate claim for workers’ compensation. In addition to prohibiting employers from firing employees who bring legitimate workers’ compensation claims, Section 451.001 of the Texas Code prohibits an employer from discriminating against an employee who has hired Texas workers compensation attorney. Section 451.001 also prohibits employees for retaliating against employees who file a workers’ compensation lawsuit, or for testifying in a workers’ comp proceeding, on their own behalf or on behalf of an injured co-worker.

Texas Employment-at-Will Doctrine

The basic rule in Texas is known as an employee-at-will rule, which means that if there is not an express agreement to the contrary, either party in an employment relationship may end the relationship or change the terms and conditions of employment at any time for any reason, or even for no particular reason at all, with or without notice. So basically, your employer can fire you at any time for any reason. There are several exceptions to this basic employment-at-will framework, including retaliatory discharge. If an employer fires you in violation of Section 451.001, you are entitled to reinstatement to your previous position, and to reasonable money damages, both past and future. In addition to lost wages, you may recover compensation for mental anguish, pain and suffering, and punitive damages (to punish the employer’s wrongful act). You may also be entitled to injunctive relief, which means a judge will enjoin the employer from future violations of your rights.

Texas Anti-retaliation Statute

The anti-retaliation statute in Texas, Section 451.001, is one of the most employee-friendly statutes Texas has. However, determining whether or not a termination is retaliatory is not as straightforward as it seems, and the burden falls to the employee to prove it. Depending on the nature of the injury, and especially depending on how long you will be out of work, there might be a legitimate need to bring in a replacement. What if an employee is injured because she was engaging in horseplay at work, and she is fired for violating company policy after filing a claim? Is that retaliation for filing the claim, or is it allowable because company policies were violated? Each case is different, but this complex area of the law often requires legal help to navigate. If you have been fired from your job or had any other adverse employment action taken against you that you think is retaliatory, contact our workplace injury lawyers today for a no-obligation consultation

What Is Retaliatory Termination Under Texas Law?

Under Section 451.001 of the Texas Labor Code, it is illegal for an employer to discharge or otherwise discriminate against an employee because that employee has filed a workers’ compensation claim in good faith, hired a lawyer to represent them in a workers’ compensation claim, instituted or caused to be instituted a workers’ compensation proceeding, or testified or is about to testify in a workers’ compensation proceeding. This law applies to all Texas employers, regardless of whether they carry workers’ compensation insurance. The purpose of this statute is to ensure that injured workers can exercise their legal rights without fear of losing their jobs.

Signs of Retaliatory Discharge

Retaliation does not always take the form of an immediate termination. Employers may use more subtle tactics to punish workers who file injury claims. Common signs of retaliation include being fired shortly after filing a workers’ compensation claim, sudden negative performance reviews despite a previously good record, demotion or reassignment to less desirable duties, reduction in hours or pay, hostile treatment from supervisors after reporting an injury, and being excluded from meetings or professional opportunities. If you notice any of these changes after filing a workers’ compensation claim or reporting a work injury, it is important to document everything and consult with an attorney as soon as possible.

Proving a Retaliatory Discharge Claim in Texas

To succeed in a retaliatory discharge lawsuit, you must demonstrate that you filed a workers’ compensation claim or engaged in a protected activity, your employer terminated you or took adverse action against you, and there is a causal connection between your protected activity and the adverse employment action. The timing between your claim and the termination is often a key factor. Courts have recognized that a short time gap between filing a claim and being fired can serve as evidence of retaliation. Your employer may try to argue that the termination was for legitimate business reasons unrelated to your claim. An experienced attorney can help gather evidence to counter these defenses.

Remedies Available for Retaliatory Termination

If you prove that your employer illegally fired you for filing a workers’ compensation claim, you may be entitled to significant damages, including reinstatement to your former position, back pay and lost benefits from the date of termination, compensation for future lost earnings, reasonable attorney fees and court costs, and in some cases additional damages. The statute of limitations for filing a retaliatory discharge lawsuit in Texas is generally two years from the date of termination. Do not delay in seeking legal advice if you believe you have been retaliated against.

Contact a San Antonio Employment Retaliation Attorney

At the Law Offices of Ronald A. Ramos, P.C., we fight for workers who have been illegally fired for exercising their right to file a workers’ compensation claim. We understand the financial and emotional toll that job loss can take on you and your family, and we are committed to holding employers accountable for unlawful retaliation. Contact us today for a free consultation to discuss your retaliatory termination case.

Wrongful Discharge