Wrongful Termination


Sustaining a work related injury in Texas can be difficult and wrought with problems–navigating the Division of Workers’ Compensation, dealing with the claims adjuster, and finding a medical provider are just a few of the problems facing injured workers. One of the common but most ignored problems involves the discrimination an employee faces from an Employer after filing a workers’ compensation claim. Many employees are discharged shortly after filing a workers’ compensation claim, which creates all new problems for the injured employee once the workers’ compensation injury resolves. Moreover, many employees receive demotions, reduced hours, or reduced pay after a claim is filed. However, the Texas Labor Code provides protection for injured workers from retaliatory and discriminatory behavior by Employers and specifically prevents certain conduct by Employers. Section 451 of the Texas Labor Code specifically prohibits anyone, including an Employer, from firing or discrimination against an employee because the employee (1) filed a workers’ compensation claim in good faith; (2) hired an attorney; (3) instituted an administrative proceeding in the DWC; or (4) testified or is about to testify in a Division of Worker’s Compensation Benefit Review Conference or a Benefit Contested Case Hearing. If an Employer violates or takes any action contrary to Section 451, the employee has a cause of action against the Employer. This lawsuit is separate and distinct from the workers’ compensation claim and does not involve the insurance carrier or the DWC. This lawsuit is also separate from the Federal Equal Opportunity Employment Commission (EEOC) and does not involve any Federal claims, making the case fairly simple and straight forward. An injured worker can seek monetary damages for the lost income and the value of lost fringe benefits (such as health insurance) that resulted from the discharge or discriminatory action. If you have any questions about a wrong termination claim, do not hesitate to contact us at our Dallas office (214)357-1782, email us at info@themorrisfirm.net , or http://www.themorrisfirm.net .


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