Texas, like many states, operates under an at-will employment doctrine. This means that employers generally have the right to terminate employees for any reason or no reason at all, as long as the circumstances aren’t illegal. This seemingly broad power gives employers significant flexibility in their workforce management. However, there are exceptions to this rule, and employees may have legal recourse if they believe their termination was wrongful.

Grounds for Wrongful Termination

While the at-will doctrine grants employers considerable discretion, there are specific circumstances under which an employee's termination may be deemed unlawful. These grounds for wrongful termination typically fall into a few categories.

Discrimination

Texas employment law prohibits discrimination in employment based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. If an employee is terminated due to their membership in one of these protected groups, they may have a claim for wrongful termination.

Retaliation

Employers are prohibited from retaliating against employees who engage in protected activities, such as filing a complaint of discrimination or harassment. If an employee is fired for reporting wrongdoing or asserting their rights, they may have a retaliation claim.

Breach of Contract

Sometimes employees have employment agreements with specific terms and conditions, including grounds for dismissal. If an employee’s contract outlines specific termination procedures or reasons and the employer fails to adhere to these terms, the employee may have a breach of contract claim. 

Violation of Public Policy

Texas employment law also protects employees from being fired for refusing to commit an illegal act or for reporting illegal activity. If an employee is terminated for upholding ethical standards or protecting the public interest, they may have a claim for violation of public policy.

Steps to Take If You Believe You Were Wrongfully Terminated

If you suspect that you were wrongfully terminated, it's important to take prompt action to protect your rights. Here are the general steps you should consider.

Gather Evidence

Collect any documentation related to your employment, including your job description, performance reviews, emails, and any written warnings or disciplinary actions. This evidence can be crucial in establishing your case.

Consult with an Employment Attorney

A qualified employment attorney can provide valuable guidance and assess the merits of your claim. They can help you understand your legal rights, gather additional evidence, and determine the best course of action.

File a Complaint

If you believe you were discriminated or retaliated against, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). These agencies investigate claims of discrimination and retaliation.

Mediation or Arbitration

In some cases, your employer's employee handbook or a collective bargaining agreement may require mediation or arbitration before filing a lawsuit. These alternative dispute resolution processes can sometimes provide a more efficient and less costly way to resolve employment disputes.

Potential Remedies

If you successfully prove that you were wrongfully terminated, you may be entitled to various forms of compensation. These remedies can include:

• Reinstatement: In certain circumstances, you may be able to get your job back.

• Back Pay: You may be entitled to the wages you lost due to the wrongful termination.

• Front Pay: If you cannot find a new job or if the new job pays less, you may be entitled to future lost wages.

• Punitive Damages: In some cases, you may be able to receive punitive damages that punish the employer for their wrongful conduct.

While the at-will employment doctrine provides employers with significant flexibility, it is not absolute. If you believe you were wrongfully terminated, it's crucial to understand your legal options and take appropriate action.

That said, the laws governing wrongful termination can be complex, and the specific steps you should take will depend on the unique circumstances of your case. Consulting with an experienced employment attorney is essential to ensure that your rights are protected.

Challenge Wrongful Termination with Support from LegalFix

Think you might have been fired unfairly in Texas? LegalFix.com can be your first step towards understanding your rights and potentially challenging your termination.

Through easy-to-understand articles and potentially relevant legal statutes, LegalFix can help you explore potential grounds for challenging your termination, such as discrimination, retaliation, breach of contract, or violation of public policy. This knowledge can empower you to plan the next steps and find the right legal professional for your situation, if necessary.

LegalFix offers prepaid legal insurance as an employee benefit for SMBs and as a membership benefit for credit unions. Ask your employer, employee benefits broker, insurance broker, credit union, or other membership group for preferred pricing today. 

You can also find helpful articles and state-specific explanations of nearly 1,600 legal topics—or browse state and federal statutes to better understand the laws that affect you.