San Antonio Wrongful Termination Attorneys: Fighting for Your Employment Rights
When Your Livelihood Is Unjustly Taken: Expert Wrongful Termination Lawyers in San Antonio
At Barton & Associates, our dedicated Wrongful Termination practice provides aggressive legal protection for employees across Texas who have been fired for illegal, unethical, or discriminatory reasons. While Texas is an “at-will” employment state, this does not give employers unlimited power to fire you for any reason. If your termination violated a specific law, breached a contract, or was based on retaliation, discrimination, or other unlawful motives, you have rights—and our experienced attorneys are here to enforce them.
Losing your job is devastating, but being fired wrongfully compounds the injustice with financial insecurity and emotional distress. You do not have to accept this treatment. Our seasoned litigators draw upon decades of focused employment law experience and the formidable trial-tested skills honed in our Personal Injury Division to fight for the maximum recovery you deserve: back pay, front pay, reinstatement, compensation for emotional anguish, and, in appropriate cases, punitive damages to punish egregious employer misconduct.
The Barton & Associates Difference in Wrongful Termination Cases
Our approach to wrongful termination cases is rooted in the same principles that have made our Personal Injury Division a trusted advocate for injured Texans: immediate action, meticulous investigation, and an unwavering readiness to go to trial. We understand that a wrongful termination is more than a legal issue—it’s a profound personal and financial crisis.
We distinguish ourselves by deploying our resources from day one to uncover the truth behind your firing. We analyze personnel files, internal communications, and company policies to build an undeniable case of unlawful conduct. Our deep local courtroom experience and formidable record in securing substantial settlements and verdicts give us the leverage needed in negotiations and the confidence to present your case compellingly before a judge and jury if a fair settlement cannot be reached.
- Former Prosecutors on Staff: Our team includes attorneys with prosecution experience, giving us a unique edge in investigating facts, examining evidence, and constructing powerful, persuasive arguments.
- Trial-Tested Attorneys: We are fully prepared to take your case to trial. Our strong courtroom reputation ensures insurance carriers and defense attorneys know we will not hesitate to fight for you in court.
- Available for Your Urgent Concerns: We understand the immediate stress of losing your job. We are here to provide clear guidance and take swift action when you need it.
- Clear, Honest Communication: We treat you with the respect and dignity you deserve, providing straightforward advice about your case’s strengths, challenges, and potential value.
Understanding Wrongful Termination in Texas: Your Legal Protections
Texas follows the doctrine of employment-at-will, which generally means an employer can terminate an employee for any reason or no reason at all. However, this principle has crucial exceptions that form the basis of wrongful termination law. An employer cannot fire you for a reason that violates a specific state or federal law or an established public policy.
Our attorneys have a deep and nuanced understanding of these exceptions and how to prove that your termination crossed the line into illegality. We focus on building the strongest possible case by identifying which protected category your situation falls under and gathering the evidence to prove it.
Common Grounds for a Wrongful Termination Claim in San Antonio:
- Discrimination Based on a Protected Characteristic: It is illegal under federal law (Title VII of the Civil Rights Act, the ADA, the ADEA) and Texas law to fire an employee because of their race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion, disability, age (40 or older), or genetic information.
- Retaliation: Employers cannot fire you for engaging in a legally protected activity. This includes filing a workers’ compensation claim, reporting safety violations to OSHA, complaining internally about harassment or discrimination (whistleblowing), or taking legally protected leave under the Family and Medical Leave Act (FMLA).
- Breach of Contract: If your employment was governed by a written, oral, or implied contract that limited the employer’s right to terminate you (e.g., stating you can only be fired “for cause”), a termination that violates those terms may be unlawful. This also includes violations of company handbooks or policies that constitute an implied agreement.
- Refusal to Commit an Illegal Act: You cannot be lawfully fired for refusing to follow an order that would require you to break the law, such as committing perjury, falsifying regulatory reports, or violating health and safety codes.
- Termination in Violation of Public Policy: This covers firings that undermine a well-established public good, such as firing an employee for serving on jury duty or for reporting illegal activities of the employer (whistleblowing in certain contexts).
The Devastating Impact of Wrongful Termination and How We Fight for Your Recovery
A wrongful termination inflicts profound harm that extends far beyond a lost paycheck. Our goal is to secure comprehensive compensation that addresses the full scope of your losses, both economic and non-economic.
- Lost Wages and Benefits (Back Pay & Front Pay): We calculate and fight to recover every dollar of salary, bonuses, commissions, and the value of benefits (health insurance, retirement contributions, stock options) you lost from the date of termination until resolution. “Front pay” compensates you for future lost earnings if reinstatement is not feasible.
- Emotional Distress and Mental Anguish: The shock, humiliation, anxiety, and damage to your professional reputation caused by a wrongful firing are real and compensable. We work with experts to document this impact and demand fair compensation.
- Punitive Damages: In cases where the employer’s conduct was particularly malicious, fraudulent, or egregiously reckless, we pursue punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.
- Reinstatement: In some cases, our objective may be to secure a court order for your job back, with full seniority and benefits restored.
- Attorney’s Fees and Court Costs: Many employment statutes allow for the recovery of your reasonable attorney’s fees and litigation costs if you prevail.
Our Proven Process for Building a Powerful Wrongful Termination Case
When you choose Barton & Associates, you gain a strategic partner committed to shouldering the legal burdens so you can focus on moving forward. Our process is designed for maximum effectiveness.
- Comprehensive Case Evaluation: We listen carefully to your story during a free, confidential consultation. We analyze the circumstances of your termination, review any documents you have, and provide an honest assessment of your legal options and potential claims.
- Immediate and Thorough Investigation: Time is critical. We act swiftly to preserve evidence before it disappears. Our investigation includes securing your personnel file, analyzing company policies and electronic communications (emails, texts), and identifying potential witnesses. We leverage a network of experts when needed.
- Strategic Demand and Negotiation: Armed with a compelling evidence file, we present a forceful demand to your former employer and their legal counsel. Our formidable reputation as trial attorneys gives us significant leverage in negotiations to secure a substantial pre-trial settlement.
- Aggressive Litigation and Trial Advocacy: If a fair settlement cannot be reached, we are fully prepared to file a lawsuit and take your case to trial. Our seasoned litigators are adept at presenting complex employment issues to judges and juries, fighting for the justice you deserve in the courtroom.
Why Choosing the Right Attorney Matters in Your Wrongful Termination Case
Wrongful termination claims are complex battles against employers with significant resources. Insurance carriers and corporate defense firms will work diligently to minimize your claim. Having an attorney who is both a skilled negotiator and a proven trial lawyer is essential.
Many firms may pressure clients to accept a low, quick settlement. At Barton & Associates, our distinction lies in our powerful combination of compassionate client care and relentless litigation prowess. We build every case with the thoroughness required for trial, which gives us unmatched negotiating power. When insurers refuse to offer fair value, our strong courtroom reputation ensures we can confidently pursue your rights before a judge and jury.
Frequently Asked Questions About Wrongful Termination in Texas
Q: I was fired for “poor performance” but I believe it was really due to my age/ disability/ whistleblowing. What can I do?
A: Employers often use subjective reasons like “poor performance” or “culture fit” as a pretext to hide an unlawful motive. The critical question is whether the stated reason is the true reason. Our attorneys are experts at investigating these claims, comparing treatment of other employees, and uncovering the real motive behind the termination.
Q: How long do I have to file a wrongful termination lawsuit in Texas?
A: Deadlines, called statutes of limitations, are strict and vary by claim. For many discrimination claims filed with the Equal Employment Opportunity Commission (EEOC), you have as little as 180 days. Other claims may have different deadlines. It is imperative to consult with an attorney immediately to protect your rights.
Q: I signed a severance agreement. Can I still sue?
A: It depends entirely on the language of the agreement. Many severance agreements require you to waive your right to sue in exchange for payment. However, there are specific legal requirements for a waiver to be valid. You should have any severance agreement reviewed by an attorney before signing it. If you have already signed, we can review it to determine if it is enforceable.
Q: What evidence do I need for my case?
A: Start by preserving what you have: your termination letter, recent performance reviews, employment contract, employee handbook, pay stubs, and any relevant emails or text messages. Do not take or copy confidential company documents. Our team will handle the formal evidence-gathering process through legal channels.
Q: Can I sue for wrongful termination if I was the only one fired?
A: Absolutely. A wrongful termination claim does not require proof that other people were treated differently (though that can be powerful evidence). The core of the claim is that you were fired for an illegal reason.
Contact Our San Antonio Wrongful Termination Attorneys Today
If you believe you have been fired illegally, the time to act is now. Protecting your rights and building a strong case requires prompt action. The experienced wrongful termination lawyers at Barton & Associates, Attorneys at Law, offer the aggressive representation, deep legal knowledge, and compassionate support you need during this challenging time.
Do not navigate this complex and high-stakes legal battle alone. Allow our experience, dedication, and proven results to guide you toward justice and financial recovery.
Contact us today at 210-500-0000 for a free, confidential, and no-obligation consultation. You can also use our online Free Consultation form. Let us demonstrate how we can fight to restore your livelihood, your dignity, and your future.
Main Category: Personal Injury
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000