Wrongful Termination in Texas
What Is Wrongful Termination?
Although Texas law gives employers significant discretion in hiring and firing decisions, there are circumstances where termination becomes unlawful. A firing may be considered wrongful if it violates state law, federal law, or the terms of an employment contract.
Losing a job is always difficult, but when it happens under illegal circumstances, employees may have the right to pursue legal action. An experienced wrongful termination lawyer can help you understand your rights and take steps to protect them.
According to the Texas Workforce Commission, a firing may amount to a breach of contract even if the agreement was not in writing. Oral promises or workplace policies that create expectations can, in certain situations, be enforceable. If your employer has broken such an agreement, you may have grounds for a claim.
Types of Wrongful Termination
Wrongful termination in Texas can occur in many ways. Some employers may not even realize they are violating the law. That is why it is important to recognize potential red flags and consult with an attorney if you believe your rights have been violated.
Limitations of At-Will Employment
Texas, like most states, follows the at-will employment rule. Employers can dismiss workers at any time and for almost any reason. However, there are key exceptions. At-will employment does not permit terminations that are discriminatory, retaliatory, or in violation of contract terms.
Texas is also a right-to-work state. This means employees cannot be forced to join or remain in a union as a condition of employment. Employers cannot fire workers for refusing to pay union dues or fees.
In addition, employees are protected from termination when they report illegal behavior, participate in investigations, or exercise their rights under workplace laws. If your firing was linked to retaliation, you may be eligible to pursue a wrongful termination claim.
Discrimination
Discrimination remains one of the most common bases for wrongful termination lawsuits. Texas and federal laws prohibit firing employees on the basis of protected characteristics, including race, religion, sex, national origin, pregnancy, disability, or age.
Some jurisdictions also extend protections to cover sexual orientation and gender identity. If you were dismissed because of a protected status, you may have a valid claim with the Equal Employment Opportunity Commission (EEOC). A Texas employment attorney can guide you through the filing process and help you build a strong case.
Retaliation
Retaliation is another form of wrongful termination. Employers cannot fire employees for exercising protected rights such as:
- Taking medical leave
- Reporting workplace discrimination or harassment
- Filing a wage or safety complaint
- Participating in an investigation into employer misconduct
The Texas Attorney General affirms that state law protects public employees who report legal violations. Private-sector workers can also file retaliation complaints with the Texas Workforce Commission. Retaliation laws ensure that employees can speak up about unlawful or unsafe practices without fear of losing their jobs.
What To Do If You’ve Been Wrongfully Terminated in Texas
If you believe your firing was unlawful, you may be entitled to reinstatement, back pay, compensatory damages, and other relief. The exact remedies available will depend on the circumstances of your case and which laws apply.
Acting quickly is critical. Most claims must be filed within 180 days, though the EEOC may extend the deadline to 300 days in some cases involving both state and federal statutes. Missing these deadlines could jeopardize your ability to recover.
Step One: Gather Evidence
Start collecting documentation immediately. Keep copies of termination letters, emails, text messages, performance reviews, or anything that might support your claim. If you still have access to workplace systems, act carefully and avoid violating confidentiality or employment policies while gathering materials.
Step Two: Find an Attorney
Employment law is complex, and wrongful termination cases often require careful navigation. A knowledgeable Texas wrongful termination lawyer can assess your situation, explain your rights, and help you take the first steps toward legal action.
Step Three: File a Complaint
If you have not yet spoken with a lawyer, the EEOC provides a self-evaluation tool to help employees determine whether they should file a claim. Once a complaint is filed, your employer will be notified, and the resolution process will begin. Many cases settle before trial, but some proceed to court.
Texas has three EEOC offices available to workers: the Dallas District Office, the San Antonio Field Office, and the El Paso Area Office. These agencies handle state and federal claims through a work-sharing agreement, which means you do not need to file with both.
Why You Should Hire a Wrongful Termination Lawyer
Filing a wrongful termination claim can feel overwhelming, especially when you are dealing with the financial and emotional stress of losing a job. A skilled lawyer can clarify your rights, determine whether your case qualifies under Texas or federal law, and advocate on your behalf.
Are you ready to find a Texas wrongful termination lawyer who can help you fight for your rights? We can also connect you with attorneys across state lines if needed.
Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area.
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