A Texas employer can fire an employee who is receiving workers’ compensation, but not because the employee filed the claim. Workers’ compensation is the state-regulated system that pays medical and income benefits to employees hurt on the job. State law bars firing or otherwise discriminating against a worker for filing a claim in good faith, yet receiving benefits does not, by itself, protect a job, so whether someone was lawfully fired while receiving workers’ compensation in Texas comes down to why the employer acted. If you lost your job after a work injury, The Buzbee Law Firm can review what happened. Call 800-992-5393 for a free consultation.
What Does At-Will Employment Mean for Injured Workers?
Texas employment is generally at will. As the Texas Workforce Commission explains, without an agreement that guarantees employment, either side can end the relationship at any time, for any reason, as long as the reason is not illegal, and firing an employee for filing a workers’ compensation claim is one of those illegal reasons. A firing during a claim therefore raises two questions: whether the employee took a step the law protects, and whether that step is the reason the job ended.
What Does Texas Law Protect?
Section 451.001 of the Texas Labor Code bars a person from firing an employee, or discriminating against the employee in any other manner, because the employee has:
- Filed a workers’ compensation claim in good faith
- Hired a lawyer to represent the employee in a claim
- Started, or caused to be started, a proceeding under the Texas Workers’ Compensation Act in good faith
- Testified, or is about to testify, in such a proceeding
Good faith, meaning an honest claim, is required for filing a claim and for starting a proceeding, while hiring a lawyer and testifying carry no such condition. Filing the claim is itself protected, so the rule covers a worker who has just filed as well as one whose claim has been open for months.
This protection depends on the employer taking part in the Texas workers’ compensation system. Most private Texas employers can choose not to carry coverage, and the Texas Supreme Court has held that an employer without it, called a nonsubscriber, cannot be sued under this statute.
When Is a Firing During a Claim Not Retaliation?
Retaliation turns on causation, meaning whether the protected step actually caused the firing. The Texas Supreme Court has held that an employee must show the firing would not have occurred when it did without the protected conduct, though Texas courts have said the claim does not have to be the only reason. The same court has held that firing an employee under the uniform enforcement of a reasonable absence-control policy is not retaliation, even when the employee is out on workers’ compensation leave.
For example, suppose a company’s written policy ends employment after one year of leave and the company applies it to every employee. A worker let go at the one-year mark would generally have no retaliation claim based on that firing. If the company had kept other employees past a year, that uneven treatment could be evidence of retaliation, because applying a policy unequally can suggest that the claim, not the policy, drove the decision.
A retaliation claim may rely on circumstantial evidence, meaning facts that point to the real reason indirectly rather than an admission. Texas courts have recognized evidence such as:
- Knowledge of the claim by the people who made the firing decision
- A negative attitude expressed toward the employee’s injury
- A failure to follow established company policies
- Worse treatment than similarly situated employees received
- Evidence that the stated reason for the firing was false
What Remedies Does Texas Law Provide?
A person who violates the anti-retaliation statute is liable for reasonable damages under Section 451.002, meaning money for the losses the violation caused. The same provision entitles an employee fired in violation of the statute to reinstatement, which means getting the former job back. Under Section 451.003, a district court may also restrain a violation for cause shown through an injunction, a court order that stops the conduct.
In a retaliation case, the employee carries the burden of proof, the duty to prove the claim. Records such as the date of the claim, any written reason for the firing, and how the employer treated other workers on leave can all bear on that proof. A written timeline of the injury, the claim, and each conversation about the job can help an attorney see how those events line up.
How Long Do You Have to Bring a Retaliation Claim?
Texas courts have held that a retaliation claim under the anti-retaliation statute must be filed within two years after it accrues, which is the date the clock starts. The claim generally accrues when the employee receives clear, unequivocal notice of the firing, or when a reasonable person should have known of it. That date can differ from the date of the injury or the date benefits began. Because the clock follows notice, it can start on the day an employee learns of the decision rather than on the last day of work.
Fired While Receiving Workers’ Compensation in Texas? Talk With Us
Losing a job while you are still healing can feel like being punished for getting hurt. The Buzbee Law Firm represents employees hurt in workplace accidents, including construction accidents, and we take pride in standing up for injured workers. We can talk with you about the timeline of your claim and your firing. If you were fired while receiving workers’ compensation in Texas, contact us or call 800-992-5393 for a free consultation.