770 South Post Oak Lane, Suite 620, Houston, Texas 77056
832-834-4656 832-834-4656

Texas Lawyer Wayne Goralski

 An experienced employment lawyer fighting for your rights

Employment Law- Wrongful Termination

Attorney Wayne Goralski , labor and employment lawyer, as the Supervising Staff Attorney in the Houston Police Department’s Chief’s Command, supervised police and civilian attorneys responsible for employment and labor law matters as well as filling the role of  Commander of the Houston Police Department’s Disciplinary Action Unit, Internal Affairs Review Squad and Health and Safety Unit. These staff employment lawyers reviewed and provided legal counsel to the Chief of Police regarding all aspects of the department’s legal affairs and actions in the legal environment, including adherence to the U.S. and Texas Constitutions, Texas Code of Criminal Procedure and Texas Rules of Evidence, Texas Penal Code, federal and state civil rights, local government code, government code, federal  and state contracts, labor contracts, police tort and civil liability, Freedom  of Information Act, Texas Open Records Act, employment law, Federal Fair Labor Standards Act, Equal Employment Opportunity Act, Americans with  Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Texas Workers  Compensation Act, contract arbitration, and municipal ordinances. Wayne Goralski, labor and employment lawyer, also served as legal counsel to the Administrative Personnel Committee on sensitive employment law matters regarding physical and mental fitness for duty.

Lawyer Wayne Goralski is based in Harris County, Galleria/Uptown,  770 South Post Oak Lane, Ste 620, Houston, TX 77056.

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Wrongful Termination

Houston Employment Attorney Wayne Goralski is available to provide legal counsel in wrongful termination scenarios.

The building block of Texas Employment law is the fundamental concept of the “employment at will” doctrine: absent an express agreement to the contrary, either party in an employment relationship may end the relationship or change the terms and conditions of employment at any time for any reason, or even for no particular reason at all, with or without notice.

There are several exceptions, both statutory and court-made:

  1. Statutory exceptions
    1. State and federal employment discrimination statutes: a discharge may not be based upon a person’s race, color, religion, gender, age, national origin, disability, or citizenship, and many states add veteran status and sexual orientation to the list
    2. Protected activity (something the law entitles an employee to do without fear of retaliation)
    3. Bringing suspected wrongdoing to the attention of competent government authorities (state and federal whistleblowing statutes)
    4. Filing various types of claims (OSHA, federal wage and hour, workers’ compensation, employment discrimination, etc.)
    5. Military duty
    6. Jury duty
    7. Voting
    8. Engaging in union activity
  2. Common law exceptions (i.e., exceptions found in court decisions)
    1. Public policy: it is illegal to discharge an employee for refusing to commit a criminal act
    2. Contractual – if a discharge would violate an express employment agreement, it would be a wrongful discharge; includes collective bargaining agreements
  3.  Texas case law shows that if in certain instances a company that had failed to enforce an employment policy and then suddenly fires an employee who was known to be in violation of the policy that had not been enforced will be subject to scrutiny for a pretense termination.
  4. Remedies for wrongful discharge can include reinstatement, back and future pay, promotion, punitive damages, and an injunction against future illegal conduct. In addition to compensating the employee, the employer can also be made to pay attorney’s fees, expert witness fees, and court costs.

 

Houston Employment Lawyer, Wayne Goralski,  is available to assist you with Labor and  Employment Law matters concerning EEOC and Civil Rights Division investigations, Age Discrimination, Racial Discrimination, Gender and Sexual Discrimination, Disability Discrimination, Texas Workforce Commission claims, and sexual harassment  matters, employment agreements, employee screening, privacy and confidentiality  issues, benefits, employee discipline, wrongful termination, and general employment practices and  policy issues.

If you need a Houston labor and  employment lawyer, call Employment Attorney, Wayne Goralski, at 832-834-4656 or contact the office online to schedule your telephone consultation.

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