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Wrongful Discharge and Employment Discrimination

    For the vast majority of Americans, we have a critical dependence on our jobs, to clothe, feed, and house our families and ourselves.  When a person is wrongfully discharged from his or her employment, or suffers from illegal discriminatory practices in the employment setting, it can have a significant impact on our lives.

    Unfortunately, in most situations there is little that can be done legally in the event of an employment discharge, even if it is on an unfair basis.  That is because Texas recognizes the "at will" employment doctrine. However, there are a few important exceptions to the "at will" rule.  An employee, for example, cannot be subjected to sexual harassment in the workplace, for example.  Also, employment discrimination on the basis of age, race, sex, religion, or national origin is not tolerable under the law.  However, if you have such a claim, you have a very short period of time, six months, to file an appropriate complaint or your claim will be deemed waived.

    In addition, in Texas an employee cannot be refused for refusing to perform an illegal act.  However, that doctrine is very limited.  It is sometimes possible as well that there was a verbal contract of employment, the violation of which can give rise to some legal rights on the part of the discharged employee.  In fact, Mr. Riley was involved as lead counsel for the defense in one of the lead cases on this point before the Texas Supreme Court.  See Montgomery County Hosp. Dist. v. Brown, 965 S.W.2d 501 (Tex. 1998).

    The bottom line is that if you feel you have been wrongfully discharged or have been the victim of sexual harassment or illegal discrimination in the workplace, it is imperative that you seek out competent legal counsel to assist you promptly with preserving your claim.

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