Texas (TX) wrongful termination settlements & cases | WrongfulTerminationSettlements.com (2023)

Texas (TX) wrongful termination settlements & cases | WrongfulTerminationSettlements.com (1)

This web page is focused on wrongful discharge cases and settlements in the state of Texas. It is uncommon for great cases to go to court, simply because they quite often reach settlement out of the courtroom.

The majority of court cases contain mixed settlements, implying that they involved a single, or perhaps a number of claims of wrongful firing caused by race, color, national origin, religion discrimination, pregnancy, whistleblower, gender discrimination, firing in violation of public policy, disability, breach of employment contract, constructive discharge or sexual orientation, gender expression or gender identity discrimination.

The table below provides an overview of the various kinds of cases filed in conjunction with their respective volumes in the state of TX in 2017.

State2017 Total Charges% of Total USA ChargesRaceSexNatl OriginReligionColorRetaliation All StatutesTVII RetaliationAgeDisabilityEPAGINA
Texas882710.50%29992740111531748347403730197526429832

Source: https://www1.eeoc.gov/eeoc/statistics/enforcement/state_17.cfm

We can see from the statistical table above that Texas has more wrongful termination cases than any other state in the US. The state is the 2nd largest by both population and area, which explains this to some degree.

Wrongful discharge and discrimination cases & settlements in Texas

$ 60,000

1/31/2018

Tonya Sadler Grayson v Dallas Independent School District

Tonya Grayson was the executive director of human resources at the Dallas Independent School District for 18 months. Her tenure was plagued by scandals, starting from her lying on her employment application, bullying a colleague, and despite these, relentless support from the district superintendent Mike Miles.

After a new superintendent,Michael Hinojosa, was put in place, he asked for Grayson’s resignation. She refused, so he fired her in July 2015.

She sued the school district for racial discrimination, sexual harassment and retaliation for reporting it, and denial of due process upon her discharge.In March 2017, a judge dismissed most of her complaints. Nevertheless, the result of the mediation that followed was that she received a $60,000 settlement. Sometimes ex-employers will settle to avoid the cost of lawsuits.Source

$ 98,000

3/29/2011

EEOC v Tandy Brands Accessories, Inc.

(Video) Wrongful termination and retaliation under Texas Worker’s Compensation claims

Merta Withrow was 62 when she was fired from her managerial position at the Victoria, TX location of Tandy Brands, a fashion accessory manufacturing company.

Her termination was supposedly part of a reduction in force, but the company retained a younger, much less qualified manager to do her job.

Such conduct violates the Age Discrimination in Employment Act, as it poses discrimination of a qualified employee who is over 40 years old. The EEOC sued the company on her behalf, and the case was settled with a consent decree. Withrow received a settlement of $95,000.Source

Christopher Koustoubardis v. Texas Youth Commission

Koustoubardis worked as an administrative law judge for theTexas Youth Commission for 6 years.

He blew the whistle on another judge, when he reported that the judge tried to influence the testimony of a police officer, and instructedKoustoubardis to rule a certain way.

A few months later, Koustoubardiscooperated with an official investigation into another judge’s tampering with government records. He was fired soon after.

Koustoubardis sued the agency for wrongful terminationunder the state whistle-blowers act. The jury awarded him $700,000, which was later affirmed by the court of appeals.Source

$ 30,000

9/2/2015

EEOC v Garrison Contractors, Inc.

Elma Garza was the only female employee of Garrison Contractors, and oil field construction and services company.

She worked at the company from 2012 as a dump truck driver. She worked with her male colleagues doing all sorts of tasks from fixing gas leaks to digging ditches.

As one would imagine, she was subject to lewd comments from her male colleagues. She reported the unwanted harassment, but the company retaliated against her by wrongfully terminating her.

The EEOC sued the company for violating Title VII of the Civil Rights Act, since the company retaliated against Garza for reporting sexual harassment.

The case was settled through a consent decree, Garza received $30,000 in monetary relief.Source

$ 375,000

(Video) What are forms of wrongful termination recognized in the State of Texas?

2/2/1998

Dr. Elizabeth Johnson v. Harris County

Dr. Johnson worked as a molecular biologist heading the county’s DNA laboratory for five years.

She was part of a forensic investigation into a double homicide, and her test results conflicted the murder theory created by the police and the district attorney. Her results were confirmed by an outside lab as well.

She was fired 15 days after she testified before a grand jury.

She claimed she was fired in retaliation for not conforming her views to what was expected of her, for not being a “team player”.She sued the medical examiner’s office for wrongful termination, and a jury awarded her $375,000.Source

$ 70,000

5/17/2017

EEOC v Carolina Creek Christian Camp, Inc.,

Korrie Reed was just starting her position as camp registrar in a Huntsville summer camp, when she learned she was pregnant. Shortly thereafter, she developed gestational diabetes.

The executive director of the company demoted Reed, even though she did not ask for a reassignment and could have performed her duties. She complained that her demotion was in violation of employment laws, she was wrongfully discharged in retaliation for her complaint, and even sued by the company on 2 counts.

Reed reported the events to the EEOC, who sued the company for violating the Pregnancy Discrimination Act and the Americans with Disabilities Act.

The case was settled through a consent decree. Reed received a settlement of $70,000.Source

$ 440,000

8/9/2016

Patricia Hahn vNorth DFW Urology Associates

Patricia Hahn worked as a licensed vocational nurse for the urology clinic inGrapevine, Texas.

Her boss, Scott Davidson repeatedly yelled at her and clenched his fist at her. She complained about her supervisor’s behavior to the office manager, but nothing was done. Her bullying continued and she was so scared that it causedacoronary vasospasm and acute onset stuttering.

The nurse reported the events to the EEOC, alleging discrimination. She was fired 3 weeks later. Afterwards, she filed a retaliation claim as well.

The jury would have awarded her a considerable amount, but she settled the case with the clinic just before the jury’s announcement. She received a settlement of $440,000.Source

(Video) Workplace Discrimination and Retaliation in Texas

$ 42,500

3/18/2013

EEOC v Senior Living Properties, LLC.

Amanda Spalding was the dietary services manager at an assisted living facility in Sweetwater, TX. She was Christian and because of her religion, she asked to be excused from working Sundays.

Her request was respected for 3 years, until a new administrator, Peggy Scruggs was hired to head the facility. Scruggs informed Spalding that she would either work on Sunday, or be fired.

The EEOC sued the company for violating Title VII. A sincerely held religious belief must be accommodated, if it doesn’t cause undue hardship on the employer. Not respecting her request any longer constituted religious discrimination.

The case was settled through a consent decree, Spalding received a $42,500 settlement.Source

$ 124,000

10/25/2010

Rosemary Flammia v City of San Antonio

Rosemary Flammia worded for the San Antonio Police Department, rising to the rank of deputy police chief after years of hard work.

A new police chief was hired by the city, who demoted her to the rank of captain. She had been deputy police chief for 7 years. The new police chief argued that he can have whoever he wanted on his staff. Afterwards, she was passed on for promotions two times.

She sued the city for sex discrimination, and the case was eventually settled. She received a $249,00 settlement, and was reinstated to her former rank for 1 day before she would retire.Source

$ 120,000

4/26/2017

EEOC vDownhole Technology, LLC.

Kenneth Echols who is African-American, worked at Downhole Technology, the Houston based manufacturer of equipment used in the oil industry.

His colleagues exhibited racial harassment against him, when they intimidated him with a white hood, one which the Ku Klux Klan would use. Echols complained about this to management, but was told that the incident was merely a joke.

(Video) Texas Employment Lawyer | Dallas, Fort Worth, Houston Employment Attorney

He was asked to sign a declaration stating the company thoroughly investigated his complaint, but he refused. He was fired in retaliation.

The EEOC sued the company on behalf for violating Title VII. The firm failed to stop racial discrimination, and retaliated against the employee for reporting it.

The case was settled through a consent decree, Echols was paid $120,000 in monetary relief.Source

As you look through this catalog of unlawful firing verdicts from Texas, keep in mind that the large amounts of money are due to punitive damages, which are brought to discourage organizations from engaging in the same sort of unjust conduct. Punitive damages are relatively infrequent. The majority of court cases will settle for anywhere from $40,000 to a couple of hundred thousand dollars.

This directory of unlawful firing verdicts in TX is intended for informational purposes. Despite the fact that you feel similarity to any of these cases, don’t forget that each and every case is different.

What is the average wrongful termination settlement in Texas?

If you feel that you were wrongfully terminated, it’s understandable that you would like to check how much money you could get for your unlawful termination case. In the event that you settle, the amount of money you obtain is typically determined by the following: benefits lost, job search costs, emotional distress, medical costs, reason of termination and lost wages. Punitive damages can also be awarded in rare cases, in the event the employer behaved egregiously.

As you’ll notice from the example lawsuits in this article, giving a typical settlement for wrongful termination claims in TX is challenging because each and every claim is different.

The average wrongful termination settlement in Texas is between $5,000 and $100,000.

Attorneys continue to be effective in brokering a better settlement.

The majority of jury awards are bigger, approximately $100,000 and $500,000. This is certainly one reason organizations like to accept a settlement out of court. Years of going to court, bearing its legal costs and perhaps losing the court case in the end could very well be costly.

Filing a wrongful discharge or discrimination claim in Texas

If you think you were fired for an illegal reason, this is what you should do.

First of all, you’ll need to consult with a wrongful termination law firm in Texas to ascertain whether or not there is a claim worth going after.

Make sure that you do not run out of time to submit the claim, look into the Texas laws of limitations on wrongful dismissal.

Secondly, you’ll most likely need to submit a timely claim with the EEOC. Texas has 4 EEOC locations where claims can be submitted: Houston, Dallas, San Antonio, El Paso.

Here are a few guidelines on filing a wrongful termination lawsuit.

FAQs

How much is a wrongful termination lawsuit Worth in Texas? ›

The average wrongful termination settlement in Texas is between $5,000 and $100,000.

Can you win a wrongful termination suit in Texas? ›

In Texas being able to pursue your employer for a claim of wrongful termination generally requires finding a law that makes the employer's conduct illegal. A Dallas employment attorney can advise you whether a wrongful termination is actually illegal, and if so what remedies are available.

What qualifies as wrongful termination in Texas? ›

For a wrongful termination, an employee must be fired for an illegal reason, which can include violation of anti-discrimination laws or a contractual breach.

What is the average settlement for a discrimination lawsuit in Texas? ›

The average employment discrimination lawsuit settlement in Texas ranges between $35-40,000. Keep in mind that means a lot of lawsuits settle for less than that number. Most lawsuits settling above that number have survived summary judgment and are on their way to trial.

What are the odds of winning a wrongful termination lawsuit? ›

Over 90% of these types of cases settle. If you're settling your case, you are getting some amount of money. And if you count getting money for your wrongful termination case as winning, then you will almost certainly win. Wrongful termination claims are not seen as easy cases by most lawyers.

How often do employers settle out of court? ›

We often find that in order to force the parties to reach settlement issuing a claim in the Employment Tribunal is a good move. However, around 95% of cases settle before the full hearing at an Employment Tribunal.

What is the average payout for constructive dismissal? ›

Calculating a constructive dismissal pay out

You get: 5 week's pay for each full year worked when you're under 22. 1 week's pay for each full year worked when you're between 22 and 41. 5 week's pay for each full year worked when you're 41 or older.

Can I sue my employer for firing me under false accusations in Texas? ›

If the employer's reason for termination were unlawful, then the employee can bring a wrongful termination claim. This is even if the employee is an at-will employee. If you think you have been wrongfully terminated you might be able to file a lawsuit against your employer and recover damages.

Can I sue my employer for firing me under false accusations? ›

The employee's rights will depend on the facts of the case, but areas of legal complaint could include unfair dismissal against the employer if the grievance or disciplinary process was not lawful, or a defamation of character claim against the person who made the false allegation.

Does an employer have to tell you why you were fired in Texas? ›

Our Texas employment law attorneys can explain why workers may not have a termination claim if they are fired for any of the following reasons: No reason. Texas employers are not required to give one. A seemingly minor cause such as being late to work or violation of a smoking policy.

What is retaliatory discharge? ›

Retaliatory discharge is the term used to refer to an employer terminating or punishing an employee for something other than a work-performance related reason.

Does an employer have to give reason for termination in Texas? ›

Texas is considered an “at-will” employment state, meaning an employer can terminate an employee for any reason – no matter how trivial or irrational – or for no reason at all.

Does the EEOC get you money? ›

If the EEOC finds that I was discriminated against, what can I get? If the EEOC finds discrimination, we will work with your employer to fix the situation. You could receive money damages as part of that process. We also can seek promotions, reinstatement, and other workplace changes for you.

How are settlement agreements calculated? ›

The rough 'rule of thumb' that we generally use to determine the value of a reasonable settlement agreement (in respect of compensation for termination of employment) is two to three months' gross salary (in addition to your notice pay, holiday pay etc., as outlined above).

How much is a hostile work environment settlement? ›

It doesn't matter how the harassment takes place. Federal, state, and local laws protect victims of harassment and help them find justice. The average harassment lawsuit leads to a settlement of around $50,000 in monetary compensation.

Why do companies settle out of court? ›

Many companies would prefer to stay out of court proceedings as a result of potential legal costs, uncertainty, and possible damage to their brand that can come from the publicity of litigation.

Can I sue my employer for emotional distress? ›

You can sue your employer for the emotional distress that they have caused. In many cases, if you have reported this to your boss and no action was taken, the courts will side with you since the employer took no course of action. You can sue for damages that this emotional distress has caused.

What makes a strong retaliation case? ›

Retaliation lawsuits can be won when the following is proven: The employee experienced or witness unlawful discrimination or harassment. The employee engaged in a protected workplace activity. The employer took an adverse action against the employee in response.

Do you pay tax on a settlement agreement? ›

Settlement agreements (or compromise agreements as they used to be called), usually involve a payment from the employer to the employee. Such payments can attract income tax or national insurance contributions – but they can also sometimes rightly be paid tax free.

What is a fair settlement for unfair dismissal? ›

You can't get more than a year's gross pay and that can't be more than £93,878 if you were dismissed on or after 6 April 2022. If you were dismissed between 6 April 2021 and 5 April 2022, it can't be more than £89,493.

Can an employer refuse a settlement agreement? ›

Yes, generally an employer can withdraw a settlement offer at any stage before a binding settlement agreement is signed by the parties.

What to do if wrongfully terminated Texas? ›

First, you might have to file an administrative complaint with a government agency first. If the employer's reason for termination were unlawful, then the employee can bring a wrongful termination claim. This is even if the employee is an at-will employee.

What should I ask for in a wrongful termination settlement? ›

First, you can claim that you were wrongfully dismissed and ask for the amount of money which equals the notice period you were entitled to. Second, if your employer fired you in a way that was cruel or humiliating, and because of this you suffered mental distress, you can ask for special compensation.

What can I sue my employer for in Texas? ›

Common types of Employment Law Claims
  • Sexual harassment. Sexual harassment is one of the most common types of employment lawsuits. ...
  • Hostile Workplace. ...
  • Wrongful Termination. ...
  • Discrimination. ...
  • Unpaid Overtime. ...
  • Wage and Hour Violations. ...
  • Retaliation/Whistleblower. ...
  • Family and Medical Leave Violations.

Can you get fired without a written warning in Texas? ›

There is no set number of prior warnings that must be given before an employee can be fired.

Can I sue my employer for firing me under false accusations? ›

The employee's rights will depend on the facts of the case, but areas of legal complaint could include unfair dismissal against the employer if the grievance or disciplinary process was not lawful, or a defamation of character claim against the person who made the false allegation.

Does an employer have to give reason for termination in Texas? ›

Texas is considered an “at-will” employment state, meaning an employer can terminate an employee for any reason – no matter how trivial or irrational – or for no reason at all.

Can you sue for hostile work environment in Texas? ›

A “hostile work environment” must give rise to a cause of action of illegal discrimination or other illegal or unethical conduct. Therefore, one may sue based on a hostile work environment if the cause of action has a legal remedy and linked to something legally prohibited.

How much is the average payout for unfair dismissal? ›

If you were dismissed on or after 6 April 2022, the amount is £571. If your gross weekly pay is more than £571, you can only claim up to £571 a week. If you were dismissed between 6 April 2021 and 5 April 2022, the amount is £544 a week.

What is the average settlement amount for a hostile workplace? ›

What Exactly Is the Average Settlement Amount for Harassment Lawsuits? On average, harassment lawsuits can settle for around $50,000. Remember, every harassment case is different. Yours could end up with a lot more depending on how severe your case is and how extensive your damages are.

What is the average payout for constructive dismissal? ›

Calculating a constructive dismissal pay out

You get: 5 week's pay for each full year worked when you're under 22. 1 week's pay for each full year worked when you're between 22 and 41. 5 week's pay for each full year worked when you're 41 or older.

Can you sue for emotional distress in Texas? ›

Can You Sue for Emotional Distress in Texas? As an injured party, you can pursue financial compensation for damages resulting from the negligence of another person or entity. State law does not impose a general duty not to negligently inflict emotional distress.

Can I sue my employer for emotional distress? ›

You can sue your employer for the emotional distress that they have caused. In many cases, if you have reported this to your boss and no action was taken, the courts will side with you since the employer took no course of action. You can sue for damages that this emotional distress has caused.

Can I sue for emotional distress? ›

Emotional distress cases can be based on negligent infliction of emotional distress or intentional infliction of emotional distress. The word “intentional” suggests the main difference between the two types of cases. If someone sets out to cause distress, it can sometimes be enough for a lawsuit.

Can you get fired if you have a doctors note in Texas? ›

Termination Is a Touchy Subject

That means an employer can fire an employee even if they have a doctor's note and haven't used FMLA. An employer can't fire an employee for filing worker's compensation, nor can they fire them if the employee has become disabled and a reasonable accommodation can be made.

Does your employer have to tell you why you were fired? ›

What is the law in California? Under California's employment law, there is no legal requirement for the employer to explain the discharge to a fired employee. California state law is one of the many where at-will employment is presumed. This means that employers to fire workers for any legal reason they want.

Can you get unemployment if you get fired Texas? ›

To be eligible for benefits based on your job separation, you must be either unemployed or working reduced hours through no fault of your own. Examples include layoff, reduction in hours or wages not related to misconduct, being fired for reasons other than misconduct, or quitting with good cause related to work.

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