San Antonio Wrongful Termination Lawyer
Wrongfully Fired After Filing a Workers’ Comp Claim?
At The Law Offices of George P. Escobedo & Associates, PLLC, we are dedicated to providing client-focused, results-driven representation. Our firm has helped hundreds of clients successfully navigate the legal system, and we have decades of experience fighting on behalf of injured workers. If you were fired after filing a workers’ compensation claim, we can investigate your situation and uphold your rights.
Our San Antonio wrongful termination attorney can discuss your options and aggressively represent you in court. Contact us today for a free initial consultation.
Understanding Your Employment Contract
Depending on your situation, your employment may be at-will or contractual. If you are an at-will employee, this means you and your employer may terminate your employment for nearly any reason, at any time. Thus, if you are injured at work and file for compensation, your employer may lawfully terminate your employment. This is common with smaller businesses that must hire another person in your place to avoid losing revenue while you are on medical leave.
On the other hand, if you are a contractual employee, your situation may be different. You will need to thoroughly read the terms of your contract to learn under what conditions you may be fired. If your employer fires you, and the action contradicted what was stated in your employment contract, you can take legal action to dispute the decision. Our experienced lawyer can guide you through the legal process as you fight for the settlement you deserve.
What Is Wrongful Termination?
Being fired for filing a workers’ compensation claim is considered retaliation and is unlawful. State and Federal government laws protect employees from practices that threaten job security based on unlawful or unethical practices.
Examples of wrongful termination include:
- Violation of a contract
- Firing to prevent from collecting sales commissions
- Firing under false pretenses in to replace with lower-paid employee
- Coercing an employee into quitting to avoid severance pay
- Firing based on unlawful reasons
- Reasons that are considered unlawful include:
- Whistle-blowing, or notifying authorities about unlawful practices
- Taking time off to vote, serve on a jury, or serve in the military
- Firing based on color, race, gender, nationality, age, or disability
- Retaliation for filing complaints or charges against an employer
Unfortunately, most employment contracts are “at-will,” which means that employers do not have to specify a reason for termination. So how do you know the reason was illegal if your employer does not explicitly give one? That’s where a wrongful termination attorney comes in.
We can conduct the necessary investigations to analyze your case and find evidence that you were fired because you filed a worker’s compensation claim. Such evidence can include positive performance reviews, a history of good conduct, a record of promotions, and more.
Seeking Compensation for Wrongful Termination
Depending on your situation, you may be able to receive compensation for past and future lost wages and emotional trauma. This is on top of your workers’ compensation benefits for medical bills. However, the court will only uphold your claim of wrongful termination if your employer acted in retaliation against you.
In order to pursue compensation for wrongful termination, you must prove that:
- You were an employee entitled to workers’ compensation benefits
- You engaged in a protected activity, such as filing a workers’ compensation claim
- You suffered adverse employment actions, such as being fired
- Your employer was motivated by retaliation because you engaged in a protected activity
It is illegal to be fired just because you filed a workers’ compensation claim. If you are injured, be sure to keep records of all correspondence with your employer, as well as medical records and documentation of your employment history. This may include emails, witness testimony, videos, and photographs. Having evidence can strengthen your claim in court and increase your chances of reaching a settlement.
For passionate legal assistance in Texas, call our office at (210) 807-3178 today. Our firm offers Spanish-speaking services, as well as daytime and evening availability.
At The Law Offices of George P. Escobedo & Associates, PLLC, we pride ourselves in providing high-caliber legal representation that is rooted in compassion and experience. Our San Antonio wrongful termination lawyer's client-focused approach has led to countless satisfied clients and numerous successful results.
As our client, your case may benefit from our firm's:
- More than a decade of legal experience in handling workers' compensation cases
- Day and night availability for legal counsel
- Results-driven strategies that are designed to fit your needs
When it comes to standing up to protect the rights of our clients, we stop at nothing. We are not intimidated by deep-pocketed insurance companies or powerful corporations. Our legal team can carefully review the details of your case to determine if you were wrongfully terminated.
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