You did not post any facts that would be unlawful discrimination, so please post them. You did not say how he was injured, as he may need a personal injury lawyer to investigate.
Depending on how many employees work for your company, you may be entitled to take FMLA leave to care for your son. Does the company have an HR department? Have you complained about your manager to HR or to someone higher up in the organization?
If you believe you are being discriminated against based on ethnicity or nationality you may be able to file a discrimination charge with the EEOC or with the Texas Workforce Commission. I suggest you either go that route or consult with an employment law attorney in your area.
Here's the good news: If an employee is qualified for, and approved for, medical leave (which can include caring or a sick or injured child) under the Family Medical Leave Act (“FMLA”), the employer's ability to terminate that employee during the leave period is extremely limited. Here are the basics of FMLA eligibility.
To be eligible for FMLA benefits, an employee must:
•work for a covered employer;
•have worked for the employer for a total of 12 months;
•have worked at least 1,250 hours over the previous 12 months; and
•work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
I have posted a link below to the Department of Labor's FMLA Fact Sheet.
Now for the bad news. If the employer has (on average) less than 50 employees, state law applies, rather than the FMLA. Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can terminate the employ at any time with or without cause. If an employer, at any time, decides they no longer want to employ someone, for any non-discriminatory reason, that employee can legally be terminated. However, an employer generally cannot terminate an employee for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation, which you have provided, does not include the elements of prohibited discrimination. Additionally, employers are not required to treat all employees the same, so long as the disparate treatment is not part of prohibited discrimination or retaliation (as described above).
If you feel the employer is acting in violation of the FMLA, you should contact an experienced labor and employment lawyer to discuss your potential claims.
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