Types of Lawsuits Against Employers in Texas
In Texas, employees can sue their employers for various reasons, including but not limited to wrongful termination, discrimination, harassment, retaliation, and wage and hour violations. The potential compensation depends on the type of claim and the circumstances surrounding the case.
Wrongful Termination
Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination or retaliation. Compensation in wrongful termination cases can include:
- Back Pay: Wages and benefits lost from the time of termination until the resolution of the lawsuit¹.
- Front Pay: Compensation for future lost earnings if reinstatement is not feasible².
- Compensatory Damages: For emotional distress and other non-economic losses³.
- Punitive Damages: Intended to punish the employer for particularly egregious conduct⁴.
- Attorney’s Fees and Costs: Reimbursement for legal expenses incurred during the lawsuit⁵.
Discrimination and Harassment
Claims of discrimination and harassment based on race, color, religion, sex, national origin, age, disability, or genetic information are governed by both state and federal laws. Possible damages include:
- Back Pay: Lost wages and benefits due to discriminatory actions.
- Front Pay: Future lost earnings if reinstatement is not possible.
- Compensatory Damages: For emotional distress, mental anguish, and loss of enjoyment of life⁶.
- Punitive Damages: To punish the employer and deter future misconduct.
- Attorney’s Fees and Costs: Legal expenses related to the case.
Retaliation
Retaliation claims arise when an employer takes adverse action against an employee for engaging in protected activities, such as filing a complaint or participating in an investigation. Compensation can include:
- Back Pay: Lost wages and benefits due to retaliatory actions.
- Front Pay: Compensation for future lost earnings.
- Compensatory Damages: For emotional distress and other non-economic losses.
- Punitive Damages: To punish the employer for retaliatory conduct.
- Attorney’s Fees and Costs: Legal expenses incurred during the lawsuit.
Wage and Hour Violations
Wage and hour claims involve issues such as unpaid wages, overtime violations, and misclassification of employees. Damages can include:
- Unpaid Wages: Compensation for wages not paid as required by law⁷.
- Liquidated Damages: An amount equal to unpaid wages, intended to compensate for the delay in receiving wages⁸.
- Attorney’s Fees and Costs: Reimbursement for legal expenses related to the claim.
Statutory Limits on Damages
In some cases, there are statutory limits on the amount of damages that can be awarded. For example, under the Texas Labor Code, there are caps on compensatory and punitive damages based on the size of the employer:
Sure, here’s a table based on the information provided:
| Number of Employees | Damage Cap |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| More than 500 employees | $300,000 |
Key Takeaways
References
¹ Texas Labor Code §21.258
² Texas Labor Code §21.2585
³ Texas Labor Code §21.259
⁴ Texas Labor Code §21.2585(d)
⁵ Texas Labor Code §21.259(a)
⁶ Texas Labor Code §21.2585(b)
⁷ Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b)
⁸ Texas Payday Law, Texas Labor Code §61.051
⁹ Texas Labor Code §21.2585(d)