As such, employees in Texas have few wrongful termination rights. 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:.
Sometimes one of the above situations is a cover-up by a firm for an illegal termination claim. For example, this might be the situation when an employee is fired for reporting business fraud, sexual harassment, employment discrimination, or a compensation claim.
Texas has another limited exception to the at will employment rule. If employees are terminated solely because they refused to commit a crime, they may have a valid wrongful termination claim. There are exceptions that may protect employees. Texas employers may not retaliate against you because you:. If you were the victim of employment discrimination or retaliation for any of the above reasons, you may have a claim for damages.
Our employment law attorneys in Texas represent clients at many levels of a firm, in a wide variety of businesses. Because of this, proving wrongful termination may be difficult.
The protected characteristics for employees are under federal law, therefore they apply in Texas as well. If an individual has a written employment contract that promises them a job or job security, they are not an at-will employee.
An employee can avoid getting fired for no reason in Texas if they have an implied employment contract. An implied contract can be formed based on clear statements made by the employer that they have a secured job and cannot be fired for just any reason. For example, if the employee handbook states that an employee will be fired only for good cause, the employee may have an implied contract. If an individual has an employment contract, and the employer fires them without good cause, they have a legal claim for breach of contract.
As in the majority of other states, employers in Texas are not always permitted to terminate an employee for any reason at all. There are exceptions to the at-will employee termination rule.
In the state of Texas, public employees may only sue for wrongful termination when they are fired for refusing to perform an illegal act. An illegal act is any action that would create criminal liability under Texas laws or the laws of the United States. It is important to note that an employee refusing to violate a statute that would only create civil liability is not covered.
However, there are such protections for Texas government employees. Whether or not an individual has a wrongful termination claim in Texas depends on whether all of the facts that led to the termination would create a case for wrongful termination. If the motivation of the employer in firing the employee was unlawful, the employee may be able to bring a wrongful termination claim even if they were considered an at-will employee.
It is important to consult with a Texas attorney in order to determine whether or not the individual has a claim.
Before filing a claim in Texas, the individual must file a complaint with the appropriate government agency in the state of Texas. The EEOC will investigate the allegations. The investigation may result in a remedy for the employee, such as requiring the employer to change their hiring and firing policies. The individual then has 90 days from receiving the Right to Sue letter to sue their former employer.
The most common remedy that is awarded involves monetary damages. The amount the individual will receive depends on the facts of the case and the laws of the jurisdiction. If an employee is fired without good cause, they may be able to bring a legal claim for breach of contract in this situation. A public employee in Texas can sue for wrongful termination if they have been fired specifically for refusing to perform an illegal act.
This protection is not provided to employees of private companies. Employers are not allowed to fire an employee who, in good faith, has reported any safety violations to the Occupational Safety and Health Administration OSHA. Federal and state laws give employees the legal right to take time off from work in certain protected situations.
Employers may not fire or discipline workers for exercising these rights. In Texas, this specifically includes taking time off for:. Employers are prohibited from firing employees in retaliation for exercising their rights under these laws. Have you recently lost your job? If so, you might be wondering whether you have grounds for a wrongful termination lawsuit.
In Texas, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all. But there are some exceptions to the at-will rule. For example, if your Texas employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, you may have a legal claim for wrongful termination.
A shocking number of Americans have lost their jobs as a result of the economic downturn stemming from the COVID pandemic. But what if you were fired during the pandemic? Depending on the reason you were dismissed, you might have a valid claim for wrongful termination. For instance, it would generally be illegal for your employer to fire you:. Also, if you were effectively forced to quit your job because of serious coronavirus-related safety hazards that put you at risk, you might have grounds to sue your employer for "wrongful constructive termination" in violation of public policy.
In order to succeed with this argument, you would generally have to show that your former employer intentionally created or allowed working conditions that violated public policy such as laws requiring a safe work environment and were so intolerable that any reasonable person in your position would have been compelled to resign. Every state's laws on wrongful termination are different.
This article covers some of the common legal grounds you might have for suing your Texas employer for wrongful termination. But it's not a comprehensive list of Texas employment rights, which can change as courts issue new rulings and legislators pass or modify laws.
To find out the full extent of your legal claims, speak to an experienced Texas employment lawyer. To learn more about Texas employment law, contact the office of the Texas Workforce Commission. Under federal law, it is illegal for an employer to fire an employee based on a protected characteristic. Federal law prohibits employers from firing employees based on race, color, national origin, sex, pregnancy, religion, age if the employee is at least 40 , disability, citizenship status, or genetic information.
However, only employers with a minimum number of employees must comply with these laws. Most types of discrimination are prohibited once an employer has at least 15 employees. However, for age discrimination, the minimum is 20 employees, and for citizenship status discrimination the minimum is four employees.
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