Texas Workers’ Compensation Wrongful Termination

Standard

In today’s economy many people are concerned that if they report injuries after an on the job accident that they may lose their job. People generally question the meaning of Texas being a “Right to Work” state. Right to work generally refers to laws that deal with the use of unions in negotiations with the employer. Under Texas Labor Code Title III, Texas holds that individuals or groups may bargain with their employers for their employment status. So, Right to Work, in reality is the right of your employer to fire you at any time. If you are not a union worker, there may be a collective bargaining agreement that protects you. However, the Texas Labor Code §451 states that an employer may not discriminate against or fire an employee for filing a workers compensation claim in good faith, hiring a lawyer to represent them for their claim, starting the hearing process for a claim or testifying in hearing about a claim. Therefore, your employer may not discriminate against you, or fire you for pursuing your Texas Workers’ Compensation claim.

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