By Evan Lange
Yes, you can sue your employer in Texas, but not just for being treated unfairly. Texas is an at-will state, so you need a legal reason: discrimination or harassment based on a protected characteristic, retaliation for a protected complaint, unpaid wages or overtime, interference with FMLA leave, firing for refusing to commit a crime, workers’ comp retaliation, or a breach of an employment contract. Many claims have short deadlines and some require filing a charge with the EEOC (generally 300 days) or the Texas Workforce Commission (180 days) before you can sue. Save your evidence and talk to an employment lawyer early.
“Can I sue my boss for this?” is the question behind most calls to an employment lawyer. The honest answer depends on why it happened, not just what happened. Here are the claims Texas employees actually win, and the situations that usually aren’t enough.
These situations can still matter if they’re tied to a protected characteristic, follow a complaint, or break a written contract.
Wondering what a case could be worth? Read how much you can get for suing your employer in Texas.
Yes, if you have a legal claim such as discrimination, harassment, retaliation, unpaid wages, FMLA violations, workers’ comp retaliation or being fired for refusing to commit a crime. Unfair treatment alone usually is not enough in an at-will state.
Only if the firing was for an illegal reason or broke a contract. Texas employers can fire at-will employees for any lawful reason or no reason, but not for a discriminatory or retaliatory one.
For discrimination and harassment claims, yes. You generally must file a charge with the EEOC within 300 days or with the Texas Workforce Commission within 180 days before filing a lawsuit. Wage and FMLA claims can go directly to court.
Not by itself. Bullying becomes illegal when it is based on a protected characteristic or is retaliation for protected activity.
As soon as possible after an adverse action, and before signing a severance agreement, resigning or missing a filing deadline.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review what happened, your evidence and your deadlines, and tell you whether you have a wrongful termination or other employment claim.
At-will doesn’t mean anything goes.
It means the reason matters.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land and Houston, Texas.
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