Wrongful Termination in Texas

Wrongful termination is a common claim brought by employees against employers in Texas. Since Texas is an "employment-at-will" state, an employer can fire an employee at any time for any lawful reason.

When an employee accuses an employer of wrongful termination, it means they were terminated without valid justification. The employee has the right to seek justice if there was no misconduct on their part, nor a business situation like an economic downturn that justified the termination. Wrongful termination can lead to a legal claim.

Understanding employee protections against wrongful termination can help you navigate the process after losing your job. In this article, we define wrongful termination, provide examples, and offer tips if you believe you've been wrongfully terminated.

What is Wrongful Termination?

Wrongful termination occurs when an employer violates an employment contract or law when firing an employee. Such terminations may be due to harassment, discrimination, or retaliation, among other reasons.

There are many illegal reasons to fire someone, as defined under both federal and state laws. Wrongful termination cases in Texas can sometimes be complex and difficult to prove, with multiple factors influencing whether an employee can win compensation. Key steps in this process include gathering the necessary evidence, proving the elements of a wrongful termination lawsuit, and filing the appropriate documents with the correct government agency.

Examples of Wrongful Termination

Here are some common illegal reasons for termination:

1. Discrimination

   Discrimination involves unfair treatment or harassment based on attributes such as age, gender, race, disability, religion, sexual orientation, or genetic information. In the workplace, discrimination can be expressed through verbal or written communication and actions.

2. Breach of Contract

   A breach of contract occurs when a company violates the terms of a written agreement or disregards what's stated in the employee handbook. For example, if the handbook requires a written warning before termination, but the company fires the employee after just a verbal warning, that would be a breach of contract.

3. Harassment

   Harassment in a hostile work environment includes negative or insulting comments about gender, race, religion, age, disability, or sexual orientation. It also covers unwelcome sexual advances or retaliation for rejecting those advances, as well as any actions or comments that create an unhealthy working environment.

4. Constructive Dismissal

   Constructive dismissal, or discharge, happens when an employer creates conditions that force an employee to resign. This could include changes to the terms of employment, such as demotions or salary cuts, without valid reasons or adequate notice.

5. Violation of Public Policy

   A violation of public policy occurs when an employee is fired in a way that breaks publicly mandated laws, such as the federal Family and Medical Leave Act (FMLA). For example, firing an employee while they are on parental leave would violate public policy.

6. Whistleblowing

   Whistleblowers are employees who report illegal activities at work. State and federal laws protect them from being fired or harassed in retaliation for their actions.

What to Do When Wrongfully Terminated

State and federal regulations, as well as individual company policies, may protect employees from wrongful termination. If you believe you were wrongfully terminated, you have several legal options to explore.

Employees must file a wrongful termination claim within the statute of limitations, which is typically 180 days from termination but may extend to 300 days in some cases. To prove wrongful termination, you must show you had an employment relationship and were either fired or constructively discharged. Courts will assess whether the conditions of resignation were objectively harsh, treating it as an involuntary termination under certain circumstances.

Steps to Take if You Believe You Were Wrongfully Terminated:

1. Understand the Regulations: Review state and federal laws to understand what constitutes wrongful termination in your area.

2. Know the Reason for Your Termination: Seek clarification on the reasons for your termination to ensure it wasn’t due to discrimination or other illegal reasons.

3. Review Your Contract: Examine your employment agreement for any violations, including issues related to wages, overtime, or commissions.

4. Seek Advice: Contact labor departments or unions for guidance on how to proceed with a wrongful termination claim.

5. Consult Human Resources: Even if you’ve left the company, reach out to HR to understand the termination process and inquire about any benefits you may be entitled to.

6. Check for Unemployment Benefits: Determine your eligibility for unemployment benefits by contacting your state’s unemployment office, as rules and benefits vary by state.

In Texas, pursuing a wrongful termination claim generally requires identifying a law that makes the employer's conduct illegal. Consulting an experienced employment attorney can help determine if a wrongful termination is unlawful and what remedies are available.